CONSTRUCTION TECHNIQUES, INC. v. DOMINSKE

No. 90-2373.

928 F.2d 632 (1991)

CONSTRUCTION TECHNIQUES, INCORPORATED; Construction Techniques, Incorporated, as successor in Interest to VSL Corporation, Plaintiffs-Appellants, v. Donald C. DOMINSKE; Nelly Dominske, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 20, 1991.


Attorney(s) appearing for the Case

Frederick William Whatley (argued), James D. Wilson (on brief), Walter, Haverfield, Buescher & Chockley, Cleveland, Ohio, for plaintiffs-appellants.

Mason Anderson Goldsmith, Love, Thornton, Arnold & Thomason, Greenville, S.C., for defendants-appellees.

Before ERVIN, Chief Judge, BUTZNER, Senior Circuit Judge, and YOUNG, Senior U.S. District Judge for the District of Maryland, sitting by designation.


ERVIN, Chief Judge:

This appeal presents the situation of an employee, Donald Dominske, who owned a half interest in one of his employer's main suppliers, an interest which the employer, Construction Techniques, Inc. (Contech), claims was undisclosed and therefore constituted a breach of Dominske's fiduciary duty to Contech. The district court, applying South Carolina law, found that Dominske's interest in the supplier was not adverse to Contech's interests. The court...

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