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PRUDENTIAL SECURITIES INC. v. SCHRIMSHER

No. CIV.A.CV-01-AR-1171-S.

179 F.Supp.2d 1306 (2001)

PRUDENTIAL SECURITIES INCORPORATED, Plaintiff, v. Randall SCHRIMSHER, Defendant.

United States District Court, N.D. Alabama, Southern Division.

May 22, 2001.

Attorney(s) appearing for the Case

Charles R. Driggars, J. Rushton McClees, Sirote and Permutt PC, Birmingham, AL, John O. Lukanski, William E. Goydan, Wolff & Samson, Roseland, NJ, for Prudential Securities, Inc, Plaintiff.

David Owen Upshaw, Ogle Liles & Upshaw LLP, Birmingham, AL, for Randall Schrimsher, Defendant.

MEMORANDUM OPINION

ACKER, District Judge.

On May 9, 2001, this court entered a temporary restraining order ("T.R.O.") preventing defendant, Randall Schrimsher ("Schrimsher"), from soliciting clients of plaintiff, Prudential Securities Incorporated ("Prudential"), within a 100 mile radius of Huntsville, Alabama. The T.R.O. was based upon Prudential's allegation that Schrimsher had executed a non-compete agreement when he first became employed by Prudential...

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