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SHARVELLE v. MAGNANTE

No. 79A02-0501-CV-14.

836 N.E.2d 432 (2005)

Derek J. SHARVELLE, M.D., P.C., d/b/a Lafayette Eye Center, and Frankfort Eye Center, Appellant-Defendant, v. David O. MAGNANTE, M.D., Appellee-Plaintiff.

Court of Appeals of Indiana.

Publication Ordered October 25, 2005.

Attorney(s) appearing for the Case

James R. Schrier, Reiling Teder & Schrier, Lafayette, for Appellant.

John P. Ryan, Kevin J. Gfell, Hall, Render, Killian, Heath & Lyman, Indianapolis, for Appellee.

OPINION

NAJAM, Judge.

STATEMENT OF THE CASE

Derek J. Sharvelle, M.D., P.C. d/b/a Lafayette Eye Center (collectively "LEC") appeals from the trial court's grant of summary judgment in favor of David O. Magnante, M.D. in this declaratory judgment action. LEC presents several issues for our review:

1. Whether the trial court erred when it concluded that the parties' covenant not to compete is unenforceable...

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