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BAPTIST PHYSICIANS v. NEW LEXINGTON CLINIC

No. 2012-SC-000242-DG.

436 S.W.3d 189 (2013)

BAPTIST PHYSICIANS LEXINGTON, INC.; Baptist Healthcare System, Inc.; Michael McKinney, M.D.; Gregory Cooper, M.D.; and James Winkley, M.D., Appellants v. The NEW LEXINGTON CLINIC, P.S.C., Appellee.

Supreme Court of Kentucky.

As Modified February 20, 2014.

Attorney(s) appearing for the Case

Winifred Bryant Becker , Anne Adams Chesnut , Theodore R. Martin , Counsel for Appellants Baptist Physicians Lexington, Inc., and Baptist Healthcare System, Inc. Gregg E. Thornton , Licha Hannah Farah, Jr. , Ashley Kristen Brown , Counsel for Appellant Michael Mckinney, M.D.

Benjamin Kessinger, III , Adrian M. Mendiondo , Counsel for Appellants Gregory Cooper, M.D. And James Winkley, M.D.

Thomas W. Miller , David Thomas Faughn , Counsel for Appellee.

Opinion of the Court by Justice ABRAMSON.

Appellants Michael McKinney, M.D, Gregory Cooper, M.D. and James Winkley, M.D. (the "Physicians") are former employees of The New Lexington Clinic ("NLC") who resigned from that medical practice in early 2008 to practice at a nearby facility opened by Baptist Healthcare System, Inc. through its subsidiary Baptist Physicians Lexington, Inc. (collectively "Baptist.") Although the Physicians' employment agreements allowed for...

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