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H & R BLOCK TAX SERVICES v. CIRCLE A ENTER.

No. S-03-750.

693 N.W.2d 548 (2005)

269 Neb. 411

H & R BLOCK TAX SERVICES, INC., a Missouri corporation, appellant, v. CIRCLE A ENTERPRISES, INC., a Nebraska corporation, and T. Joan Kelsey, appellees.

Supreme Court of Nebraska.

March 4, 2005.

Attorney(s) appearing for the Case

Larry R. Baumann and Neleigh N. Smith, of Kelley, Scritsmier & Byrne, P.C., North Platte, for appellant.

George M. Zeilinger, Grant, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

STEPHAN, J.

This is an appeal from a determination by the district court for Lincoln County that a covenant not to compete included in a franchise agreement between H & R Block Tax Services, Inc. (H & R Block), and Circle A Enterprises, Inc., was unenforceable as a matter of law.

BACKGROUND

On April 2, 1985, T. Joan Kelsey and H & R Block entered into a satellite franchise agreement authorizing Kelsey to operate an H & R Block tax...

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