Miller v. Kroger Co.

MEMORANDUM *

The Kroger Company (“Kroger”) seeks reversal of the partial summary judgment entered in favor of Robert G. Miller. We affirm because we conclude that the non-competition clause of the employment agreement is unenforceable under Or.Rev. Stat. § 653.295.

Because the parties are familiar with the facts, we repeat them here only as is necessary to our disposition.

I

Kroger argues that the non-competition clause is enforceable because it satisfies one of the exceptions provided for in Or. Rev.Stat. § 653.295. We review grants of summary judgment de novo to determine whether there exists a…