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DAVIS v. SCOTT

Nos. 2009-SC-000159-DG, 2009-SC-000391-DG.

320 S.W.3d 87 (2010)

Tim DAVIS and Tim Davis & Associates, Inc., Appellants/Cross-Appellees, v. John J. SCOTT and Whitlow & Scott, Appellees/Cross-Appellants.

Supreme Court of Kentucky.

August 26, 2010.

Attorney(s) appearing for the Case

Hans George Poppe, Jr. , Warner Thomas Wheat , The Poppe Law Firm, Louisville, KY, Counsel for Appellants/Cross-Appellees.

Bethany A. Breetz , Matthew W. Breetz , Demetrius O. Holloway , Stites & Harbison, PLLC, Louisville, KY, Counsel for Appellees/Cross-Appellants.

Opinion of the Court by Justice CUNNINGHAM.

Appellant, Tim Davis, is the founder and president of Tim Davis & Associates, Inc. (collectively, "Davis"), a third-party health care benefits administrator. In 2002, Davis negotiated to purchase PICA Group Services, Inc., also a third-party administrator. The parties executed a binding letter of intent and a supplemental "non-solicitation" agreement. The non-solicitation agreement prohibited Davis from communicating...

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