noting that summary judgment hearing is not a trial
How later courts described this case
- noting that summary judgment hearing is not a trial
Written by the judges who cited it.
The opinion
GARRARD, Judge,
concurring.
I concur in the result reached. The restrictive covenant in effect required two distinct things of Carstens: that he not engage in competition and that he not divulge confidential information. If the covenant was valid, Means was entitled to actual damages for its breach. The requested admissions dealt only with Carstens’ potential disclosure of confidential information, Means’ Management Information System and development of competition strategies. Thus, even if the admissions be taken as absolute, they were insufficient to preclude the question of whether Means suffered any actual damage from breach of the covenant.