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DISH NETWORK CORP. v. ALTOMARI

No. 08CA1741.

224 P.3d 362 (2009)

DISH NETWORK CORPORATION, a Nevada corporation, and dish network, LLC, a Colorado limited liability company, Plaintiffs-Appellants, v. Christopher M. ALTOMARI, Defendant-Appellee.

Colorado Court of Appeals, Div. I.

June 25, 2009.

Attorney(s) appearing for the Case

Brownstein Hyatt Farber Schreck, LLP, Richard P. Barkley, Meghan W. Martinez, Joshua S. Glasgow, Denver, Colorado, for Plaintiffs-Appellants.

Davis Graham & Stubbs, LLP, David R. Hammond, Stephanie A. Ries, Denver, Colorado, for Defendant-Appellee.

Opinion by Judge TAUBMAN.

In this dispute over the enforceability of a covenant not to compete, plaintiffs, DISH Network Corporation and DISH Network, L.L.C. (collectively, DISH), appeal the trial court's order partially denying a motion for a preliminary injunction against a former employee, defendant, Christopher M. Altomari. Because we conclude the trial court erred in concluding Altomari was not "management personnel" within the meaning of an exception to Colorado...

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