- 22 - 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.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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