Spry Funeral Homes, Inc. v. Deaton

This is an appeal from an order of the Circuit Court of Franklin County granting summary judgment in favor of the defendant.

The dispositive issue on appeal is whether the complaint, as amended, stated a claim upon which relief could be granted.

It appears from the record that the following are the pertinent facts: The parties were engaged in providing ambulance services in the Russellville area in Franklin County. They agreed in writing, on June 11, 1976, that effective in August, 1976, neither would engage in the operation of an ambulance service in the Russellville area for a period of five…