Legal Opinion

Wms, Inc. v. Alltel Corp.

Court of Appeals of North Carolina

Decided August 7, 2007No. COA06-793PublishedCited by 1 opinion

1Opinion of the Court

JACKSON, Judge.

WMS, Inc. (“plaintiff’) appeals from an order of the trial court dismissing its complaint “on the basis of res judicata and/or collateral estoppel.” For the reasons stated herein, we reverse the ruling of the trial court.

The procedural history of the instant case is complex, stemming from two separate lawsuits filed against Alltel Corporation and Alltel Communications, Inc. (collectively, “defendants”).

With respect to the former case, Cellular Plus (“Cellular Plus”) and defendants entered into a dealer agreement (“the dealer agreement”) on 4 June 1999, which provided that…

2Cases cited20 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Howsam v. Dean Witter Reynolds, Inc.Supreme Court of the United States · 2002
  3. Allied-Bruce Terminix Cos., Inc. v. DobsonSupreme Court of the United States · 1995
  4. Chiron Corporation, a Delaware Corporation v. Ortho Diagnostic Systems, Inc., a New Jersey CorporationCourt of Appeals for the Ninth Circuit · 2000
  5. Klay v. United Healthgroup, Inc.Court of Appeals for the Eleventh Circuit · 2004

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3Cited by1 opinion

  1. In the Matter of the Last Will and Testament of Milton Ray LomaxCourt of Chancery of Delaware · 2019

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