STRATEGIC OUTSOURCING, INC. v. COMMERCE BENEFITS GROUP

Civil No. 3:97CV613.

54 F.Supp.2d 566 (1999)

STRATEGIC OUTSOURCING, INC.; Summit Services, Inc.; Summit Services, Inc. Health Plan; and Strategic Outsourcing, Inc. Health Plan, Plaintiffs, v. COMMERCE BENEFITS GROUP AGENCY, INC.; South Lorain Merchants Association, Inc.; SLMA Health Benefits Plan; SLMA HBPI Trust; Diversified Benefit Plans Agency, Inc.; and Thomas J. Patton, Defendants.

United States District Court, W.D. North Carolina, Charlotte Division.

February 25, 1999.


Attorney(s) appearing for the Case

Clifford R. Jarrett, John H. Culver, III, Kennedy, Covington, Lobdell & Hickman, Charlotte, NC, for plaintiffs.

William F. Womble, Jr., John S. Hughes, Womble, Carlyle, Sandridge & Rice, Winston-Salem, NC, for defendants Commerce Benefits Group, Diversified, Thomas Patton.

George K. Evans, Jr., Cansler, Lockhart, Campbell, Evans, Bryant & Garlitz, Charlotte, NC, for South Lorain Merchants Assn., SLMA Health Benefits Plan, SLMA HBPI Trust.


MEMORANDUM AND ORDER

THORNBURG, District Judge.

THIS MATTER is before the Court on the Defendants' motions to dismiss for lack of personal jurisdiction and preemption. The Plaintiffs oppose dismissal and for the reasons stated herein, the motions are denied with minor exceptions.

I. FACTUAL BACKGROUND

Strategic Outsourcing, Inc. (SOI) provides small business owners with personnel administration services, including payroll...

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