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KAUFMANN & ASSOCIATES, INC. v. DAVIS

2030206.

908 So.2d 246 (2004)

KAUFMANN & ASSOCIATES, INC. v. Terry G. DAVIS and Blue Dot Promotions, Inc.

Court of Civil Appeals of Alabama.

Rehearing and Opinion Dissenting from Overruling of Application for Rehearing July 30, 2004.

Certiorari Denied March 25, 2005.

Attorney(s) appearing for the Case

K. Donald Simms, Andrew P. Anderson, and Joseph E.B. Stewart of Austill, Lewis & Simms, P.C., Birmingham, for appellant.

Keith Jackson and Robert R. Riley, Jr., of Riley & Jackson, P.C., Birmingham, for appellees.

Alabama Supreme Court 1031697.

PITTMAN, Judge.

This appeal arises from bitterly contested litigation between a commissioned salesperson and his former employer stemming from the salesperson's launch of a competing company.

On April 10, 2001, Kaufmann & Associates, Inc. ("Kaufmann"), filed an action in the Jefferson Circuit Court, Birmingham Division, seeking a temporary restraining order ("TRO"), a preliminary injunction, and an "order of replevin...

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