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PRODUCT ACTION INTERN., INC. v. MERO

No. 1:03-CV-0881-DFH.

277 F.Supp.2d 919 (2003)

PRODUCT ACTION INTERNATIONAL, INC., Plaintiff, v. Carl MERO, Defendant.

United States District Court, S.D. Indiana, Indianapolis Division.

August 5, 2003.

Attorney(s) appearing for the Case

Alan S. Brown, Heather L. Wilson, Locke Reynolds LLP, Indianapolis, IN, for Plaintiff.

Daniel C. Emerson, Andrew M. McNeil, Bose McKinney & Evans, LLP, Indianapolis, IN, for Defendant.

ENTRY ON MOTIONS FOR PARTIAL SUMMARY JUDGMENT

HAMILTON, District Judge.

This diversity action presents a question concerning the extent to which Indiana law allows courts to "blue pencil" or revise a former employee's covenant not to compete with a former employer. The principal question is whether an employer can avoid the limits of the Indiana "blue pencil" doctrine by including in the agreement language to the effect that a court should enforce the agreement...

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