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HOWARD v. NITRO-LIFT TECHNOLOGIES, L.L.C.

No. 109,003.

273 P.3d 20 (2011)

2011 OK 98

Eddie Lee HOWARD and Shane D. Schneider, Plaintiffs/Appellants, v. NITRO-LIFT TECHNOLOGIES, L.L.C., Defendant/Appellee.

Supreme Court of Oklahoma.

Rehearing Denied February 13, 2012.

Attorney(s) appearing for the Case

Micah Knight , Durant, Oklahoma, for Plaintiffs/Appellants.

Kelli M. Masters , Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Oklahoma, for Defendant/Appellee.

WATT, J.

¶ 1 Three issues1 must be addressed to resolve this cause. They are whether: 1) the validity of the covenants not to compete should be resolved by the arbitrator or this Court; 2) the underlying covenant is void as against public policy pursuant to 15 O.S.2001 § 219A;2 and 3) if so, can it be modified judicially to conform with the controlling statutory...

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