Esmark, Inc. v. McKee

OPINION

WREN, Judge.

Plaintiff, Esmark, Inc., (Esmark) and its affiliated corporations, Vickers Energy Corporation, Vickers Petroleum Corporation and Vickers Arizona Oil Co., brought suit against the defendant, Robert H. McKee, for temporary and permanent injunctions to enforce a covenant not to compete entered into as part of an agreement in which Es-mark purchased all the outstanding shares of capital stock of McKee Petroleum Corporation, which operated as a.retail gasoline business, from McKee and his attorney James Tierney. McKee moved for summary judgment on the basis that the…