Boisen v. Petersen Flying Service, Inc.

Douglas Boisen commenced an action for declaratory judgment, see Neb. Rev. Stat. §§ 25-21,149 et seq. (Reissue 1979), seeking determination that a postemployment covenant not to compete, contained in Boisen’s employment contract with Petersen Flying Service, Inc., was invalid. We affirm the judgment of the district court for Kearney County declaring the postemployment restraint unenforceable.

The basic facts bearing upon disposition of Petersen Flying’s appeal are not disputed. When neither the terms of a contract nor facts and circumstances demonstrating the intent of the parties are…