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She intended to live in the area. These facts are not enough
show that her covenant not to compete had economic reality.
5. Bebout's Covenant Not To Compete
In 1988, Bebout was 37 and in good health. She had worked
in the forest products industry for many years. She handled some
corporate business when her father was away. She is in a
partnership with her father which now runs a construction and
gravel business. Her brother entered the forest products
business without owning a mill. We believe Bebout could have
competed with petitioner if she had been so inclined. Bebout
owned the same amount of stock of D.C. Walker Enterprises, Inc.,
as D.C. and Mary Walker. She owned 50 percent of Lyons Veneer
and had financial resources available to her. Bebout's covenant
was limited to 5 years and to a 140-mile radius around Lyons,
Oregon. We think these limits were reasonably drawn to keep
Bebout from competing with petitioner. Bebout intended to remain
in the area. These facts favor petitioner.
Bebout's technical knowledge of the forest products industry
is not established by the record. Clausen believed it was
unlikely that Bebout could compete with petitioner without D.C.
Walker's help. Bebout made no statements when the family sold
the Walker assets indicating that she intended to compete.
Bebout testified that she had good contacts and relationships
with suppliers and customers, but could not identify any of them.
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