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Boisen v. Petersen Flying Service

Nebraska Supreme Court
383 N.W.2d 29 (1986)

Facts

Douglas Boisen (plaintiff) worked as a pilot for Petersen Flying Service (Petersen) (defendant), flying planes that sprayed agricultural chemicals on farms, for approximately one year. Before beginning his employment with Petersen, Boisen, received special training in how to use a spray plane. While working for Petersen, Boisen did not have any direct business contact with Petersen’s customers. Petersen did not have any trade secrets or keep a customer list. Any customer contact with Petersen was initiated by the prospective customers. As part of his employment, Boisen signed a covenant not to compete. After Petersen terminated Boisen’s employment, Boisen brought an action against Petersen 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 Petersen appealed.

Rule of Law

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Issue

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Holding and Reasoning (Shanahan, J.)

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  • A “yes” or “no” answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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