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LINDSKOV v. LINDSKOV

No. 25621.

800 N.W.2d 715 (2011)

2011 S.D. 34

Dennis LINDSKOV and Automotive Company, Inc., Plaintiffs and Appellants, v. Les LINDSKOV and Premier Equipment, L.L.C., d/b/a Premier Equipment and d/b/a K & A Implement, L.L.C., Defendants and Appellees.

Supreme Court of South Dakota.

Decided July 6, 2011.

Attorney(s) appearing for the Case

Ronald A. Parsons, Jr. , Pamela R. Bollweg , Steven M. Johnson , Shannon R. Falon of Johnson, Heidepriem & Abdallah, LLP, Sioux Falls, South Dakota, Attorneys for plaintiffs and appellants.

John W. Burke of Thomas, Braun, Bernard & Burke, LLP Rapid City, South Dakota, Attorneys for defendants and appellees.

SEVERSON, Justice.

[¶ 1.] Dennis Lindskov purchased Les Lindskov's interest in Automotive Company, Inc. Dennis and Les signed a dissolution agreement that contained a non-disparagement clause. When Les opened a competing business within months of the sale of his interest in the company, Dennis initiated this breach of contract and fraud and deceit action, alleging that the non-disparagement clause contained a covenant not to compete. The trial court granted Les...

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