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Contracts Keyed to Murray
Boisen v. Petersen Flying Service
Facts
Douglas Boisen (Plaintiff) worked as a pilot for Petersen Flying Service (Defendant), flying planes that sprayed agricultural chemicals on farms, for approximately one year. Before beginning his employment with Defendant, Plaintiff, received special training in how to use a spray plane. While working for Defendant, Plaintiff did not have any direct business contact with Defendant’s customers. Defendant did not have any trade secrets or keep a customer list. Any customer contact with Defendant was initiated by the prospective customers. As part of his employment, Plaintiff signed a covenant not to compete. After Defendant terminated Plaintiff’s employment, Plaintiff sued Defendant for a declaration that the covenant not to compete was unenforceable. The district court found that the covenant not to compete was unreasonable and unenforceable, and Defendant appealed.
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