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DARDEN v. NATIONWIDE MUT. INS. CO.

Nos. 89-2759, 89-2760.

922 F.2d 203 (1991)

Robert T. DARDEN, Plaintiff-Appellee, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Nationwide Mutual Fire Insurance Company; Nationwide Life Insurance Company, Defendants-Appellants. Robert T. DARDEN, Plaintiff-Appellant, v. NATIONWIDE MUTUAL INSURANCE COMPANY; Nationwide Mutual Fire Insurance Company; Nationwide Life Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1991.

Rehearing and Rehearing Denied February 22, 1991.

Attorney(s) appearing for the Case

George Robinson Ragsdale, argued (Craig G. Dalton, Jr., Leboeuf, Lamb, Leiby & Macrae, Raleigh, N.C., Margaret M. Richardson, W. Mark Smith, Sutherland, Asbill & Brennan, Washington, D.C., on briefs), for defendants-appellants.

Marion G. Follin, III, Smith, Patterson, Follin, Curtis, James, Harkavy & Lawrence, Greensboro, N.C., for plaintiff-appellee.

Before HALL, MURNAGHAN, and SPROUSE, Circuit Judges.

Rehearing and Rehearing En Banc Denied February 22, 1991.

SPROUSE, Circuit Judge:

Robert T. Darden, a former insurance agent for Nationwide Mutual Insurance Company (Nationwide), sued Nationwide for payments under the latter's post-employment compensation plan — Agent Security Compensation Plan (the ASCP). Nationwide had refused to pay Darden ASCP benefits after his termination because he had violated his agreement "not to compete" with Nationwide,...

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