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ASSURANCE DATA, INC. v. MALYEVAC

Record No. 121989.

747 S.E.2d 804 (2013)

286 Va. 137

ASSURANCE DATA, INC. v. John MALYEVAC.

Supreme Court of Virginia.

September 12, 2013.

Attorney(s) appearing for the Case

C. Dean Latsios (Matthews, Snider & Fitzner, Fairfax, on briefs), for appellant.

Christopher T. Craig (Lee B. Warren; Cook, Craig & Francuzenko, Fairfax, on brief), for appellee.

Present: All the Justices.

Opinion by Chief Justice CYNTHIA D. KINSER.

This appeal concerns an employer's action to enforce certain provisions of an employment agreement that, among other things, restrain competition. In sustaining a demurrer, the circuit court resolved the employee's challenge to the enforceability of the restraints on competition. Because a demurrer cannot be used to decide on the merits whether a restraint on competition is enforceable, we will reverse the circuit court...

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