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PHELPS STAFFING, LLC v. S.C. PHELPS, INC.

No. COA11-472.

720 S.E.2d 785 (2011)

PHELPS STAFFING, LLC, Plaintiff, v. S.C. PHELPS, INC.; Sheila Phelps; Charles T. Phelps; Moyses Roa Mata; and C T Phelps, Inc., Defendants, S.C. Phelps, Inc., Third Party Plaintiff, v. Omar El-Kaissi, Third Party Defendant.

Court of Appeals of North Carolina.

December 20, 2011.

Attorney(s) appearing for the Case

Harris & Hilton, P.A., Raleigh, by Nelson G. Harris , for Plaintiff-appellant.

Edmundson & Burnette, L.L.P., Oxford, by J. Thomas Burnette and James T. Duckworth, III , The Law Office of Thomas H. Clifton, PLLC, by Thomas H. Clifton , Davis, Sturges & Tomlinson, by Conrad Boyd Sturges, III , and J.P. Williamson, Jr. , Louisburg, for Defendant-appellees.

HUNTER, JR., ROBERT N., Judge.

This controversy centers upon the sale of a contract labor staffing business and the alleged breach of a non-compete clause in the asset sale agreement. The purchaser of the business, Phelps Staffing, LLC ("Plaintiff"), appeals the trial court's order and memorandum of decision and judgment denying Plaintiff's claims for relief against six named defendants, including, inter alia, the seller of the business, Sheila Phelps, and...

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