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Reier Broadcasting Company, Inc. v. Kramer

72 P.3d 944 (2003)

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Reier Broadcasting Company, Inc. v. Kramer

Montana Supreme Court

72 P.3d 944 (2003)

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Facts

Kramer (defendant) was the head football coach at Montana State University (MSU). Kramer entered into an agreement with Reier Broadcasting Company, Inc. (Reier) (plaintiff). Kramer agreed that, until 2004, Reier would have exclusive broadcasting rights with Kramer and that he would act as an announcer and perform other broadcasting services. The agreement contained a clause prohibiting Kramer from working with or permitting his name to be used by any other television station or program. Reier had previously purchased exclusive broadcasting rights to all MSU athletic events, which was set to expire in 2002. In 2002, when Reier’s rights expired, MSU sought bids for those rights from several broadcasting companies, including Reier, by sending out a Request for Proposal. Reier informed MSU that the certain provisions of the Request for Proposal were potentially in conflict with its contract with Kramer. MSU declined to amend its request and disqualified Reier as a potential bidder. Broadcast rights were awarded Clear Channel. MSU informed Kramer that he should ignore his contract with Reier in favor of the contract with Clear Channel. Reier filed suit and sought a temporary restraining order (TRO) to prevent Kramer from providing services under the Clear channel contract. The trial court granted the TRO. Upon hearing evidence, the trial court concluded that it could not issue an injunction specifically enforcing the contract. Reier filed a motion to alter or amend. The trial court denied the motion. Reier appealed to the Montana Supreme Court.

Rule of Law

Issue

Holding and Reasoning (Leaphart, J.)

Dissent (Cotter, J.)

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