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JORGENSEN v. COPPEDGE

No. 33964.

181 P.3d 450 (2008)

Brian JORGENSEN dba Medicine Man Pharmacy and Medicine Man Pharmacy, Inc., an Idaho corporation, Plaintiffs-Respondents-Cross Appellants, v. C. Michael COPPEDGE and Karen Coppedge, individually and as the last board of directors and shareholders of Acology Prescription Compounding, Inc., and Acology Prescription Compounding, Inc., a dissolved Idaho corporation, Defendants-Appellants-Cross Respondents.

Supreme Court of Idaho, Lewiston, March 2008 Term.

March 27, 2008.

Attorney(s) appearing for the Case

Dean & Kolts, Coeur d'Alene; for appellants. Charles Dean argued.

James, Vernon & Weeks, P.A., Coeur d'Alene, for respondents. Susan Weeks argued.

EISMANN, Chief Justice.

This is an appeal from an order granting a new trial in an action to recover damages for the breach of a covenant not to compete. Because the covenant not to compete is void, we vacate the order granting a new trial and remand this case with instructions to dismiss the complaint with prejudice.

I. FACTS AND PROCEDURAL HISTORY

Brian Jorgensen is the owner of Medicine Man Pharmacy, Inc., which operated a pharmacy in Coeur d...

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