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SOUTHERN BLDG. MAINTENANCE v. OSBORNE

No. COA96-993.

489 S.E.2d 892 (1997)

SOUTHERN BUILDING MAINTENANCE, INC., Plaintiff v. Gregory Carl OSBORNE, Defendant

Court of Appeals of North Carolina.

September 2, 1997.

Attorney(s) appearing for the Case

Adams, Kleemeier, Hagan, Hannah & Fouts, P.L.L.C. by J. Alexander S. Barrett and Benjamin A. Kahn, Greensboro, for plaintiff-appellee.

Gordon & Johnston by Robert L. Johnston, Greensboro, for defendant-appellant.

TIMMONS-GOODSON, Judge.

This action arises out of the breach of a covenant not to compete provision contained in an employment contract executed in January 1989 between defendant Gregory Carl Osborne and plaintiff Southern Building Maintenance, Inc. Upon defendant's breach of the contract's covenant not to compete, the parties executed a settlement agreement on 17 March 1994. Defendant subsequently violated the 17 March 1994 settlement agreement and plaintiff instituted...

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