Quality Transportation Services, Inc. v. Mark Thompson Trucking, Inc.

Contract dispute arising from language of a transportation brokerage agreement which contained a nonsolicitation provision. Reasonable minds may differ as to whether registered carrier's multiple and separate contacts with broker's customer violated nonsolicitation provision of agreement between broker and carrier. Remanded for further proceedings, for a trier of fact to determine whether carrier's conduct amounts to solicitation in violation of the agreement. Given the very limited and reasonable restrictions of nonsolicitation provision, it does not impose undue hardship on carrier and is not injurious to the public, and is thus reasonable and enforceable. (LYTTON and O'BRIEN, concurring).