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STATESVILLE MEDICAL GROUP v. DICKEY

No. 9122SC686.

418 S.E.2d 256 (1992)

106 N.C. App. 669

STATESVILLE MEDICAL GROUP, P.A., a North Carolina Professional Association, Plaintiff v. Richard A. DICKEY, M.D., Defendant v. David R. HENDRY, Third-Party Defendant.

Court of Appeals of North Carolina.

July 7, 1992.

Attorney(s) appearing for the Case

Pope, McMillian, Gourley, Kutteh & Parker by William P. Pope, Statesville, for plaintiff appellee.

Vannoy, Colvard, Triplett, Freeman & McLean by J. Gary Vannoy and Anthony R. Triplett, North Wilkesboro, and James H. Early, Jr., Winston-Salem, for defendant appellant.

COZORT, Judge.

Plaintiff appellee, Statesville Medical Group, P.A., ("Medical Group") instituted an action to have a covenant not to compete clause enforced against defendant appellant, Dr. Richard A. Dickey. Plaintiff was successful in obtaining a preliminary injunction, and defendant appeals. We reverse.

On 8 April 1983 defendant signed an employment contract with plaintiff. The contract contained a covenant against competition prohibiting defendant from...

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