Nebraska Supreme Court March 4, 2005, S-03-750 (H & R Block Tax Services, Inc. v. Circle a Enterprises, Inc.)

Stephan, J.

This is an appeal from a determination by the district court for Lincoln County that a covenant not to compete included in a franchise agreement between H & R Block Tax Services, Inc. (H & R Block), and Circle A Enterprises, Inc., was unenforceable as a matter of law.

BACKGROUND

On April 2,1985, T.