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THREE PHOENIX CO. v. PACE INDUSTRIES, INC.

No. 1 CA-CIV 4773.

135 Ariz. 126 (1981)

659 P.2d 1271

THREE PHOENIX COMPANY, Plaintiff-Appellant, v. PACE INDUSTRIES, INC., Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department A.

On Motion for Rehearing November 19, 1981.

Review Granted December 22, 1981.

Attorney(s) appearing for the Case

Kenneth A. Winsberg, P.C. by Kenneth A. Winsberg, Cruse, Meadow & Firetag by Stephen T. Meadow, Phoenix, William W. Webb and Jonathan Rose, Tempe, for plaintiff-appellant.

Law Offices of Kenneth R. Reed, P.C. by Kenneth R. Reed, Brian K. Stanley, Phoenix, for defendant-appellee.

Robert K. Corbin, Atty. Gen. by Alison B. Swan, Chief Counsel, Antitrust Div., Phoenix, for State of Ariz., amicus curiae.

OPINION

YALE McFATE, Judge (Retired).

The appellant, Three Phoenix Company, brought this litigation seeking injunctive and other relief based upon an alleged breach of covenants not to compete by the appellee, Pace Industries, Inc. Appellee moved to dismiss on the grounds that the covenants in question were unenforceable. The trial court, taking cognizance of affidavits submitted by appellant, considered the motion as one for summary judgment and granted judgment...

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