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Reier Broadcasting Company, Inc. v. Kramer

Montana Supreme Court

72 P.3d 944 (2003)

Relevant factsFree

Kramer (defendant), Montana State University's head football coach, contracted with Reier Broadcasting (plaintiff) for exclusive broadcasting rights and agreed not to work with, or let his name be used by, any competing station through 2004. When MSU's separate broadcasting-rights contract with Reier expired and MSU sought new bids, it disqualified Reier over conflicts with Kramer's contract and awarded the rights to Clear Channel instead, then told Kramer to disregard his Reier contract. Reier sued and sought a temporary restraining order and injunction to stop Kramer from working for Clear Channel; the trial court granted a TRO but ultimately ruled it could not issue an injunction specifically enforcing the contract, and Reier appealed.

IssueFree

Whether an injunction may be granted to enforce a contract's negative covenant (a promise not to do something).

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