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SOUTHWEST STAINLESS, LP v. SAPPINGTON

No. 08-5127.

582 F.3d 1176 (2009)

SOUTHWEST STAINLESS, LP, a Delaware limited partnership; and HD Supply, Inc., a Delaware corporation, Plaintiffs-Appellees, v. John R. SAPPINGTON; William B. Emmer; Rolled Alloys, Inc., a Michigan corporation; and Ronald L. Siegenthaler, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

September 21, 2009.

Attorney(s) appearing for the Case

Justin D. Flamm (Timothy P. Reilly, J. Ronald Petrikin and Jason S. Taylor, Conner & Winters, LLP, Tulsa, OK, with him on the briefs), Taft Stettinius & Hollister LLP, Cincinnati, OH, for Defendants-Appellants.

Dinita L. James (William E. Grob, with her on the briefs), Ford & Harrison, LLP, Phoenix, AR, for Plaintiffs-Appellees.

Before KELLY, LUCERO, and HARTZ, Circuit Judges.

LUCERO, Circuit Judge.

This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William B. Emmer defected from one Tulsa-area metals business, Southwest Stainless, to another, Rolled Alloys, they took with them years of expertise in the metals industry and personal relationships with many area customers. Some years before, Southwest Stainless had been involved in a merger, and Sappington and...

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