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← 631 So. 2d 1006 - Construction Materials v. Kirkpatrick

631 So. 2d 1006 - Construction Materials v. Kirkpatrick’s Empirical Analysis

1994

Citation profile

11
cited by 11 later decisions
2
states following
June 2007
most recently cited

1 federal appellate · 6 state decisions

Relationships

Relies on 547 So. 2d 870 - West v. Founders Life Assur. Co. of Florida · 538 So. 2d 794 - Bass v. SOUTHTRUST BANK OF BALDWIN CTY. · 613 So. 2d 359 - Wilma Corp. v. Fleming Foods of Alabama · Odess v. Taylor · 540 So. 2d 732 - Southern Guar. Ins. Co. v. First Ala. Bank

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"(a) Every contract by which anyone is restrained from exercising a lawful profession, trade, or business of any kind otherwise than is provided by this section is to that extent void. "(b) ... [O]ne who is employed as an agent, servant or employee may agree with his employer to refrain from carrying on or engaging in similar business and from soliciting old customers of such employer within a specified county, city, or part thereof so long as the ... employer carries on a like business therein." (Emphasis added.)”
    4 later decisions quote this exact passage
  2. “[The statute] expresses the public policy of Alabama disfavoring contracts in restraint of trade; such contracts are disfavored because they tend not only to deprive the public of efficient service but also to impoverish the individual.”
    3 later decisions quote this exact passage
  3. “[I]n light of our public policy against restraints of lawful trade and our correspondingly strict construction of § 8-1-1, this Court... will not recognize a third-party beneficiary's right to enforce a noncompetition agreement unless § 8-1-1 mandates that we do so.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.