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SHEEHAN & SHEEHAN v. NELSON MALLEY & CO.

No. 42957.

117 P.3d 219 (2005)

SHEEHAN & SHEEHAN, a Nevada Professional Corporation, Appellant, v. NELSON MALLEY AND COMPANY, a Nevada Professional Corporation, d/b/a Nelson Malley & Thorne, Respondent.

Supreme Court of Nevada.

August 11, 2005.

Attorney(s) appearing for the Case

Steven B. Glade, Las Vegas, for Appellant.

Edward J. Hanigan, Henderson, for Respondent.

Before ROSE, GIBBONS and HARDESTY, JJ.

OPINION

GIBBONS, J.

In these consolidated appeals, we primarily consider whether the district court properly construed a contractual covenant not to compete and a corresponding liquidated damages clause. We conclude that the district court erred as a matter of law in awarding liquidated damages, and we therefore reverse that part of the judgment. We affirm the remainder of the judgment and the order awarding attorney fees and costs.

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