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WALLACE COMPUTER SERVICES, INC. v. WAITE

No. 8826SC1253.

382 S.E.2d 846 (1989)

WALLACE COMPUTER SERVICES, INC., Plaintiff, v. Richard B. WAITE and Willamette Industries, Inc., Defendants.

Court of Appeals of North Carolina.

Writ of Supersedeas and Stay of Judgment Denied September 25, 1989.

Attorney(s) appearing for the Case

Parker, Poe, Thompson, Bernstein, Gage & Preston by Sydnor Thompson and Keith Weddington, Charlotte, and Butler, Rubin, Newcomer, Saltarelli & Boyd by Ellen Claire Newcomer and Stephanie Leider, Chicago, Ill., for plaintiff-appellant.

Petree Stockton & Robinson by John T. Allred and J. Neil Robinson, Charlotte, for defendants-appellees.

PHILLIPS, Judge.

The only question raised by plaintiff's appeal is whether the non-competition agreement between plaintiff and defendant Waite is unenforceable as a matter of law under the law of Illinois; for all of plaintiff's actions are based upon the contract and the court dismissed them on the sole ground that the contract is not enforceable under the law of Illinois. The ruling is erroneous, and we vacate it.

While the general rule in Illinois is that...

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