Legal Opinion

Construction Techniques, Inc. v. Dominske

Court of Appeals for the Fourth Circuit

Decided March 20, 1991No. 90-2373PublishedCited by 7 opinions

1Opinion of the Court

ERVIN, Chief Judge:

This appeal presents the situation of an employee, Donald Dominske, who owned a half interest in one of his employer’s main suppliers, an interest which the employer, Construction Techniques, Inc. (Contech), claims was undisclosed and therefore constituted a breach of Dominske’s fiduciary duty to Contech. The district court, applying South Carolina law, found that Dom-inske’s interest in the supplier was not adverse to Contech’s interests. The court further held that Dominske did not breach his fiduciary duty to his employer because he had disclosed his interest in the…

2Cases cited9 opinions

  1. Pizzeria Uno Corporation v. James W. Temple, Jr., D/B/A Taco UnoCourt of Appeals for the Fourth Circuit · 1984
  2. Hunter Faulconer, Sr. And Mary T. Faulconer v. Commissioner of Internal RevenueCourt of Appeals for the Fourth Circuit · 1984
  3. Fender v. FenderSupreme Court of South Carolina · 1985
  4. Ramage v. RamageCourt of Appeals of South Carolina · 1984
  5. Mathewson v. ClarkeSupreme Court of the United States · 1848

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3Cited by7 opinions

  1. Food Lion, Inc. v. Capital Cities/ABC, Inc.Court of Appeals for the Fourth Circuit · 1999
  2. Washington v. BarrySupreme Court of Colorado · 2002
  3. O.K. Sand & Gravel, Inc. v. Martin Marietta Corp.District Court, S.D. Indiana · 1992
  4. Capital District Physician's Health Plan v. O'HigginsDistrict Court, N.D. New York · 1996
  5. Food Lion, Incorporated v. Capital Cities/abc, Inc. Lynne Litt, A/K/A Lynne Neufes Abc Holding Company American Broadcasting Companies, Incorporated Richard N. Kaplan Ira Rosen Susan Barnett, Advance Publications, Incorporated Associated Press the Association of American Publishers CBS Broadcasting, Incorporated Cable News Network, Incorporated Gannett Company, Incorporated the Hearst Corporation King World Productions, Incorporated McClatchy Newspapers, Incorporated the National Association of Broadcasters National Broadcasting Company, Incorporated the Newspaper Association of America National Public Radio, Incorporated the New York Times Company the Radio-Television News Directors Association the Reporters Committee for Freedom of the Press Investigative Reporters Editors, Incorporated National Grocers Association International Mass Retail Association William E. Lee John Demott Robert Ellis Smith Mike Rosen Accuracy in Media Media Esearch Center Atlantic Legal Foundation Southeastern Legal Foundation, Amici Curiae. Food Lion, Incorporated v. Capital Cities/abc, Inc. Lynne Litt, A/K/A Lynne Neufes Abc Holding Company American Broadcasting Companies, Incorporated Richard N. Kaplan Ira Rosen Susan Barnett, Advance Publications, Incorporated Associated Press the Association of American Publishers CBS Broadcasting, Incorporated Cable News Network, Incorporated Gannett Company, Incorporated the Hearst Corporation King World Productions, Incorporated McClatchy Newspapers, Incorporated the National Association of Broadcasters National Broadcasting Company, Incorporated the Newspaper Association of America National Public Radio, Incorporated the New York Times Company the Radio-Television News Directors Association the Reporters Committee for Freedom of the Press National Grocers Association International Mass Retail Association William E. Lee John Demott Robert Ellis Smith Mike Rosen Accuracy in Media Media Research Center Atlantic Legal Foundation Southeastern Legal Foundation, Amici CuriaeCourt of Appeals for the Fourth Circuit · 1999

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