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eBook details

• Title: State Med. Oxygen & Supply v. Am. Med. Oxygen
• Author : Supreme Court of Montana
• Release Date : January 28, 1989
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 71 KB

Description

Submitted on Briefs October 13, 1989 Plaintiff, State Medical Oxygen and Supply, Inc. (State Med.), appeals the January 19, 1989 decision of the District Court of the Eighth Judicial District, Cascade County, finding that plaintiff's nondisclosure agreement violated § 28-2-703, MCA, and granting summary judgment in favor of defendants — American Medical Oxygen Co. (American Med.), J.C. Lyndes, Gary Gomez and Ronald Wright We affirm The issues raised on appeal are: 1. Whether plaintiff's ""Agreement of Employee not to Disclose Trade Secrets or Customer Lists of State Medical Supply, Inc."" violates § 28-2-703, MCA, as being a contract that restrains the exercise of a lawful profession, trade or business of any kind; and 2. Whether the District Court erred by granting defendants' motion for summary judgment Plaintiff, State Med., is a Montana corporation engaged in the business of supplying oxygen and allied health care to patients in their homes and in hospitals. Upon State Med.'s formation in the early part of 1984, the directors of State Med. had its employees sign an agreement entitled, ""Agreement of Employee not to Disclose Trade Secrets or Customer Lists of State Medical Supply, Inc."" This Agreement provides that:

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