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TRAFFIC CONTROL SERVS. v. UNITED RENTALS

No. 40798.

87 P.3d 1054 (2004)

TRAFFIC CONTROL SERVICES, INC., D/B/A Allied Trench Shoring Services; and Philip A. Burkhardt, Appellants, v. UNITED RENTALS NORTHWEST, INC.; and Nes Companies, L.P., Respondents.

Supreme Court of Nevada.

April 13, 2004.

Attorney(s) appearing for the Case

Dickerson, Dickerson, Consul & Pocker and Douglass A. Mitchell, Las Vegas, for Appellants.

Piper Rudnick, LLP, and Joanna S. Kishner and Gary C. Moss, Las Vegas; Haynes & Boone, LLP, and Melissa M. Goodman, Dallas, Texas, for Respondents.

Before the Court En Banc.

OPINION

PER CURIAM.

Philip A. Burkhardt and his current employer, Traffic Control Services, Inc., d/b/a Allied Trench Shoring Services, appeal the issuance of a preliminary injunction enforcing a noncompetition covenant in favor of United Rentals Northwest, Inc., the purchaser of the corporate assets of Burkhardt's former employer, NES Trench Shoring.

The primary issue on appeal is whether an employer in a corporate sale may assign rights...

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