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AZTEC FILM PRODUCTIONS, INC. v. QUINN

No. 2 CA-CIV 2441.

116 Ariz. 468 (1977)

569 P.2d 1366

AZTEC FILM PRODUCTIONS, INC., Appellant and Cross Appellee, v. Charles QUINN, Appellee and Cross Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied August 19, 1977.

Review Denied September 22, 1977.

Attorney(s) appearing for the Case

Donald C. Deagle, Tucson, for appellant and cross appellee.

Waterfall, Economidis, Caldwell & Hanshaw, P.C. by Douglas P. Mitchell and A. Alan Hanshaw, Tucson, for appellee and cross appellant.

OPINION

RICHMOND, Judge.

Appellant was awarded damages for breach of a covenant not to compete, but appeals from the trial court's failure to enforce the forfeiture clause in the agreement between the parties. Appellee has perfected a cross appeal from the judgment against him.

Testimony disclosed that Ken Byrnes and appellee operated the business known as Aztec Film Productions as a partnership for seven or eight years before incorporating in May...

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