WMS, INC. v. ALLTEL CORP.

No. COA06-793.

647 S.E.2d 623 (2007)

WMS, INC., Plaintiff, v. ALLTEL CORPORATION and Alltel Communications, Inc., Defendants.

Court of Appeals of North Carolina.

August 7, 2007.


Attorney(s) appearing for the Case

Taylor Penry Rash & Reimann, PLLC, by J. Anthony Penry and Cynthia A. O'Neal, Raleigh, for plaintiff-appellant (allowed as substitute counsel by order filed 11 January 2007 and filed Plaintiff-Appellant's Reply Brief on 12 February 2007; Record on Appeal and Plaintiff-Appellant's Brief filed by Herring, McBennett, Mills & Finkelstein, P.L.L.C., by Mark A. Finkelstein and J. Aldean Webster III, Raleigh, allowed to withdraw as attorney of record by order filed 11 January 2007).

Womble Carlyle Sandridge & Rice, P.L.L.C., by Pressly M. Millen, Raleigh, for defendants-appellees.


JACKSON, Judge.

WMS, Inc. ("plaintiff") appeals from an order of the trial court dismissing its complaint "on the basis of res judicata and/or collateral estoppel." For the reasons stated herein, we reverse the ruling of the trial court.

The procedural history of the instant case is complex, stemming from two separate lawsuits filed against Alltel Corporation and Alltel Communications, Inc. (collectively, "defendants").

With respect to the former case...

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