Lewis v. Krueger, Hutchinson and Overton Clinic

Petitioner, Lewis, a young physician, entered the employ of respondents in January 1950 under a written agreement. It provided in part that if the employment of petitioner ceased he would not thereafter practice his profession in Lubbock County.

Three years later petitioner resigned and entered private practice for himself in Lubbock. Respondents filed suit praying for injunction, and thereafter moved for summary judgment based upon affidavits and deposition of the parties. The trial court sustained exception addressed to the petition on the ground that the covenant, though reasonably limited…