LAST PASS AVIATION v. WESTERN COOPERATIVE

No. S-16-207.

892 N.W.2d 108 (2017)

296 Neb. 165

LAST PASS AVIATION, INC., et al., appellees, v. WESTERN COOPERATIVE COMPANY, appellant.

Supreme Court of Nebraska.

Filed March 24, 2017.


Attorney(s) appearing for the Case

Steven W. Olsen and Adam A. Hoesing , of Simmons Olsen Law Firm, P.C., Scottsbluff, for appellant.

Gary J. Nedved , of Keating, O'Gara, Nedved & Peter, P.C., L.L.O., Lincoln, and Jon Worthman , of Worthman Law Office, Alliance, for appellees.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.


This action involves the enforceability of a covenant not to compete in a contract for the sale of an aerial spraying company. The district court granted declaratory judgment in favor of the seller, finding the covenant was overly broad and unenforceable. The parties then stipulated to dismiss the remaining claims without prejudice, and...

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