Legal Opinion

Guardian Fiberglass, Inc. v. Whit Davis Lumber Co.

Court of Appeals for the Eighth Circuit

Decided December 12, 2007No. 06-3896PublishedCited by 26 opinions

1Opinion of the Court

SMITH, Circuit Judge.

Guardian Fiberglass, Inc. and Guardian Fiberglass Service Corp. (collectively referred to as “Guardian”) sued Whit Davis Lumber Company (‘Whit Davis”) to enforce a restrictive covenant. The district court 1 granted Whit Davis’s motion for summary judgment, finding that Guardian was unable to demonstrate a legitimate business interest to justify its restrictive covenant and that the covenant was over-broad. We affirm.

I. Background

Guardian is a national manufacturer and distributor of fiberglass insulation products. Whit Davis operates two lumber yards and retail stores in…

2Cases cited8 opinions

  1. Jill Nesladek, as Trustee for Heirs and Next of Kin of Jeremy J. Nesladek, Decedent v. Ford Motor CompanyCourt of Appeals for the Eighth Circuit · 1995
  2. Jn Exploration & Production v. Western Gas Resources, Inc., Jn Exploration & Production v. Western Gas Resources, Inc.Court of Appeals for the Eighth Circuit · 1998
  3. Nursing Home Consultants, Inc. v. Quantum Health Services, Inc.District Court, E.D. Arkansas · 1996
  4. St Clair Medical, PC v. BorgielMichigan Court of Appeals · 2006
  5. H & R Block Tax Services, Inc. v. Circle a Enterprises, Inc.Nebraska Supreme Court · 2005

3 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. PHL Variable Insurance v. Fulbright McNeill, Inc.Court of Appeals for the Eighth Circuit · 2008
  2. Northern Bottling Co., Inc. v. PepsiCo, Inc.Court of Appeals for the Eighth Circuit · 2021
  3. Wrigg v. Junkermier, Clark, Campanella, Stevens, P.C.Montana Supreme Court · 2011
  4. Foster Cable Services, Inc. v. DevilleDistrict Court, S.D. New York · 2019
  5. Laredo Ridge Wind v. Nebraska Public Power DistrictCourt of Appeals for the Eighth Circuit · 2021

21 more not listed; retrieve them via the Exa API.

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