Herring Gas Co. v. Pine Belt Gas, Inc.
Docket Number: | 2007-CA-01554-SCT Linked Case(s): 2007-CA-01554-SCT |
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Supreme Court: | Opinion Link Opinion Date: 02-12-2009 Opinion Author: Waller, C.J. Holding: Affirmed |
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Additional Case Information: |
Judge(s) Concurring: Carlson and Graves, P.JJ., Randolph, Lamar, Kitchens, Chandler and Pierce, JJ. Concur in Part, Concur in Result 1: Dickinson, J. without separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - CONTRACT |
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Trial Court: |
Date of Trial Judgment: 08-20-2007 Appealed from: MARION COUNTY CHANCERY COURT Judge: Johnny Lee Williams Disposition: The chancellor concluded that: (1) the noncompete clause was not enforceable against Rutland by Herring Gas; (2) even if the noncompete clause was enforceable by a subsequent purchaser, in this instance, Rutland’s employment contract was not properly assigned to Herring Gas; (3) the asset-purchase agreement between Broome Gas and Herring Gas absolved Herring Gas of any responsibility to Broome Gas’ employees; (4) the asset-purchase agreement clearly excluded all assets and liabilities not set forth in the agreement, and Rutland’s employment contract was not included in the assets transferred; (5) the document purporting to be an assignment of Rutland’s employment contract to Herring Gas failed for lack of consideration; and (6) Rutland’s noncompete agreement terminated upon the closing of the sale, as Broome Gas was no longer in the gas distribution business and it would have been impossible for Rutland to compete with a company no longer in operation. Case Number: 2006-0336-G-W |
Party Name: | Attorney Name: | Brief(s) Available: | ||
Appellant: | HERRING GAS COMPANY, INC. |
PAUL H. KIMBLE,
JOHN L. MAXEY, II,
HEATHER M. ABY |
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Appellee: | PINE BELT GAS, INC., LLOYD BROOM, JASON STRINGER, STEVEN STRINGER AND JIMMY RUTLAND | DAVID M. OTT, KRIS A. POWELL |
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