Legal Opinion

Upchurch v. USTNet, Inc.

District Court, D. Oregon

Decided October 4, 1993No. Civ. No. 93-874-FRPublished

1Opinion of the Court

*738OPINION

FRYE, District Judge:

The matter before the court is the motion of plaintiff, Larry Upchurch, to dismiss the answer, affirmative defenses, and counterclaims of defendant, USTNet, Inc. (USTNet) (# 5).

BACKGROUND

Larry Upchurch filed a complaint against USTNet in the Circuit Court of the State of Oregon for the County of Multnomah. In his complaint, Upchurch alleges three claims: (1) breach of employment agreement; (2) unenforceability of covenant not to compete; and (3) tortious interference with prospective advantage. USTNet removed the suit filed by Upchurch to federal court.

In its…

2Cases cited5 opinions

  1. Gibson v. United StatesCourt of Appeals for the Ninth Circuit · 1986
  2. Comet Industries, Inc. v. LawrenceLouisiana Court of Appeal · 1992
  3. Terry M.. Cassettari v. County Of NevadaCourt of Appeals for the Ninth Circuit · 1987
  4. Daiquiri's III on Bourbon, Ltd. v. WandfluhLouisiana Court of Appeal · 1992
  5. Comet Industries, Inc. v. ColvinLouisiana Court of Appeal · 1992

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