Legal Opinion

Dalton v. Camp

Court of Appeals of North Carolina

Decided June 6, 2000No. COA98-1330-2PublishedCited by 20 opinions

On remand by order of the Supreme Court of North Carolina filed 16 February 2000 to reconsider the unanimous decision of the Court of Appeals, Dalton v. Camp, 135 N.C. App. 32, 519 S.E.2d 82 (1999) in light of the decision of the North Carolina Supreme Court in Sara Lee Corp. v. Carter, 351 N.C. 27, 519 S.E.2d 308, reh’g denied, 351 N.C. 191,-S.E.2d —- (1999). Appeal by plaintiff from judgment entered 13 July 1998 by Judge H.W.

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On remand by order of the Supreme Court of North Carolina filed 16 February 2000 to reconsider the unanimous decision of the Court of Appeals, Dalton v. Camp, 135 N.C. App. 32, 519 S.E.2d 82 (1999) in light of the decision of the North Carolina Supreme Court in Sara Lee Corp. v. Carter, 351 N.C. 27, 519 S.E.2d 308, reh’g denied, 351 N.C. 191,-S.E.2d —- (1999). Appeal by plaintiff from judgment entered 13 July 1998 by Judge H.W. Zimmerman, Jr. in Randolph County Superior Court. Originally heard in the Court of Appeals 16 August 1999. Heard on remand 17 April 2000.

1Opinion of the Court

EAGLES, Chief Judge.

This appeal arises out of a former employer’s allegations of unfair competitive activity by employees and their new corporation. The Supreme Court has remanded this case for reconsideration in light of Sara Lee Corp. v. Carter, 351 N.C. 27, 519 S.E.2d 308 (1999). This opinion supercedes our earlier opinion reported at 135 N.C. App. 32, 519 S.E.2d 82 (1999) which is withdrawn.

Plaintiff Robert Earl Dalton d/b/a B. Dalton & Company engages in the business of selling advertisements and publishing employment magazines. In July of 1993, plaintiff obtained the rights to publish…

2Cases cited28 opinions

  1. Dickens v. PuryearSupreme Court of North Carolina · 1981
  2. Marshall v. MillerSupreme Court of North Carolina · 1981
  3. Hajmm Co. v. House of Raeford Farms, Inc.Supreme Court of North Carolina · 1991
  4. Abbitt v. . GregorySupreme Court of North Carolina · 1931
  5. Childress v. AbelesSupreme Court of North Carolina · 1954

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3Cited by20 opinions

  1. Carcano v. JBSS, LLCCourt of Appeals of North Carolina · 2009
  2. Combs & Associates, Inc. v. KennedyCourt of Appeals of North Carolina · 2001
  3. Di Frega v. PuglieseCourt of Appeals of North Carolina · 2004
  4. BDM Invs. v. Lenhil, Inc.Court of Appeals of North Carolina · 2019
  5. MLC Automotive, LLC v. Town of Southern PinesCourt of Appeals of North Carolina · 2010

15 more not listed; retrieve them via the Exa API.

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