United States Eighth Circuit

In a breach of contract action, district court's grant of plaintiff's motion for summary judgment and award of damages is affirmed where defendant breached the unambiguous non-competition agreement it had with plaintiff when it chose to enforce the competition provisions but failed to pay him his monthly salary. The district court did not err in awarding plaintiff damages under the contract for the months he was unemployed.

Appellate Information

• Decided 02/25/2009
• Published 02/25/2009

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and RILEY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Matthew E. Damon, argued and briefed, Minneapolis, MN, David A. James, Mark Girouard, on the brief, Minneapolis, MN, for appellant.


• For Appellees:
  
• Brian Emery Cote, argued, Minneapolis, MN, for appellee.