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MARSH USA INC. v. COOK

No. 09-0558.

354 S.W.3d 764 (2011)

MARSH USA INC., and Marsh & McLennan Companies, Inc., Petitioners, v. Rex COOK, Respondent.

Supreme Court of Texas.

Decided December 16, 2011.

Attorney(s) appearing for the Case

Thomas L. Case , Beverly A. Whitley , John R.W. Fugitt , Bell Nunnaly & Martin LLP, Dallas, for Petitioners.

Monica Wiseman Latin , Stephanie Dooley Nelson , Jesse Keith Shumway , Carrington Coleman Sloman & Blumenthal LLP, Dallas, for Respondent.

Justice WAINWRIGHT delivered the opinion of the Court, in which Justice HECHT, Justice MEDINA, Justice JOHNSON, and Justice GUZMAN joined.

We deny Rex Cook's motion for rehearing. We withdraw our opinion of June 24, 2011 and substitute the following in its place.

In this case, we decide whether a covenant not to compete signed by a valued employee in consideration for stock options, designed to give the employee a greater stake in the company's performance...

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