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SMITH v. BURKITT

No. 5-02-0630.

795 N.E.2d 385 (2003)

342 Ill. App.3d 365

277 Ill.Dec. 18

Billy SMITH and Brenda Smith, Plaintiffs-Appellants, v. Fred BURKITT and Dorothy Burkitt, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

August 5, 2003.

Attorney(s) appearing for the Case

John D. Drew, Bryan A. Drew, Drew & Drew, P.C., Benton, for Appellants.

Peter E. Popit, William A. Alexander, Troutt, Alexander, Popit & Warner, P.C., Benton, for Appellees.

Justice WELCH delivered the opinion of the court:

The plaintiffs, Billy Smith and Brenda Smith, appeal from an order by the circuit court of Franklin County dismissing their complaint filed against the defendants, Fred Burkitt and Dorothy Burkitt. The plaintiffs alleged in their complaint that they had purchased a business from the defendants and that the purchasing agreement contained a covenant not to compete that prohibited the defendants from engaging

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