Reier Broadcasting Company, Inc. v. Kramer

72 P.3d 944 (2003)

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Nature of the Case

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Facts

P had exclusive rights to broadcast Montana State University athletic events. D is the head football coach at MSU. P and D entered into an employment contract at the behest of MSU, whereby P agreed to pay D $10,020 per year in exchange for exclusive broadcast rights with D. P agreed to employ D as an announcer and talent on the weekly, one-hour 'Cat Chat' program, which airs during the MSU football season. D agreed to record commercials for several of P's advertisers. The agreement remains in force and effect until November 2004. The contract contains an exclusivity clause. The contract to broadcast the games expired in the summer of 2002, and the contract with D expired in 2004. MSU disqualified P as a potential bidder on a new contract beyond 2002 and awarded broadcast rights to the university's athletic events to Clear Channel Communications. D was expected to provide interviews to Clear Channel despite the exclusivity clause contained in his contract with P. P sued for injunctive relief. The District Court granted the request for a TRO, pending an evidentiary hearing on the matter. The court eventually concluded that § 27-19-103(5), prohibited the issuance of an injunction under the circumstances. The court also dissolved the TRO. P moved to alter or amend the court's judgment. The court denied the motion, and P appealed.