Here is the Alaska Supreme Court’s decision in Wenzell v. Ingram. An excerpt:
Dominic Wenzell purchased a private dental clinic in Anchorage from Guy Ingrim. The purchase agreement included a “Covenant Not to Compete” prohibiting Ingrim from the “practice of dentistry” within fifteen miles of his old clinic for two years and within ten miles for an additional three years. One year after the sale, Ingrim began employment as a dentist at the Alaska Native Medical Center (ANMC), two miles away from the clinic. Wenzell sued in superior court for breach of the covenant not to compete. The superior court found as a matter of law that Ingrim’s employment at ANMC did not constitute the “practice of dentistry” and granted summary judgment in Ingrim’s favor, dismissing the lawsuit. Although we conclude that Ingrim’s employment at ANMC does constitute the “practice of dentistry” and vacate the superior court’s grant of summary judgment, we remand the case to the superior court to determine whether Ingrim’s employment at ANMC violates the covenant not to compete.
Turtle Talk 