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Contracts Keyed to Marshall
Valley Medical Specialists v. Farber
Citation:
982 P.2d 1277 (1999)Facts
In 1985, Valley Medical Specialists, a professional corporation, hired Steven S. Farber, D.O., an internist and pulmonologist who, among other things, treated AIDS and HIV-positive patients and performed brachytherapy-a procedure that radiates the inside of the lung in lung cancer patients. Brachytherapy can only be performed at certain hospitals that have the necessary equipment. A few years after joining VMS, Dr. Farber became a shareholder and subsequently a minority officer and director. In 1991, the three directors, including Dr. Farber, entered into new stock and employment agreements. The employment agreement contained a restrictive covenant, the scope of which was amended over time. In 1994, Dr. Farber left VMS and began practicing within the area defined by the restrictive covenant.
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