This section contains the nature of the case and procedural background.

Burek (D) and Alexander were instructors at Northeast (P). Both D and Alexander informed P that they would be terminating employment, first Alexander and then three weeks later D. They decided to open Tri-State, a massotherapy school, that would compete with P. Neither of the parties had signed a written employment contract with P nor had they entered into any kind of covenant not to compete. Dustmen, a student, of P, then notified P that she would be withdrawing and continuing her education at Tri-State. Five other students took the same course of action. Despite defections, P’s enrollment increased from 50 to 70 students. P sued D alleging conspiracy, deceptive trade practices, breach of duty of good faith, breach of fiduciary duty and wrongful solicitation, tortious interference with business and contractual relations, intentional infliction of emotional distress, slander and defamation, punitive damages, and injunctive relief. The trial court issued an ex parte restraining order, but that was dissolved. Ds moved for summary judgment on all counts and it was granted. P appealed.

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