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COA to hear arguments at Indy cathedral

November 3, 2008

The Indiana Court of Appeals will hear arguments in Indianapolis tomorrow, but not in their usual courtroom venue. The appellate court will be at the Scottish Rite Cathedral to hear arguments in Mercho-Roushdi-Shoemaker-Dilley-Thoraco-Vascular Corporation vs. Dr. James W. Blatchford, III & Dr. Eve G. Cieutat, No. 84A01-0801-CV-30.

The case involves the enforceability of a covenant not-to-compete in an employment agreement between Drs. James Blatchford III and Eve Cieutat and the Mercho-Roushdi-Shoemaker-Dilley-Thoraco-Vascular Corporation, which hired the doctors to provide surgical services.

At issue is whether the covenant that prohibits the doctors from practicing within a 50-mile radius of Terre Haute for three years after the termination of their employment is unenforceable as contrary to public policy. The doctors filed a suit against the corporation; the company filed a counterclaim the doctors were practicing in violation of the non-compete covenants. The trial court granted summary judgment in favor of the doctors on the company's counterclaim.

The arguments begin at noon Nov. 4 in the First Floor South Lounge of the cathedral, 650 N. Meridian St., Indianapolis.

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