Circle S Industries, Inc. v. Berryman
Decision Date | 22 January 1993 |
Citation | 613 So.2d 329 |
Court | Alabama Supreme Court |
Parties | CIRCLE "S" INDUSTRIES, INC., et al. v. Steven R. BERRYMAN, et al. 1910496. |
Phillip Henry Pitts of Pitts, Pitts & Thompson, Selma, and Robert K. Spotswood and Michael S. Denniston of Bradley, Arant, Rose & White, Birmingham, for appellants.
Daniel H. Markstein III, Tony G. Miller, and Michael D. Mulvaney of Maynard, Cooper Frierson & Gale, P.C., Birmingham, for appellees.
Circle "S" Industries, Inc. ("CSI"), American Fine Wire Corp. ("AFW"), and American Fine Wire, Ltd. ("AFWL")--referred to collectively as "the plaintiffs"--appeal from an order denying their motion to appoint an arbitrator to determine whether Peter Douglas had failed to comply with the terms of a consent judgment entered in the plaintiffs' action against Douglas, Steven R. Berryman, and Douglas Fine Wire Corporation. We reverse and remand.
The plaintiffs, three affiliated corporations, 1 produce and market "interconnection bonding wire," that is, small diameter wire used in "micro-electronics." In August 1989, Douglas and Berryman resigned their positions as "key employees" of the plaintiffs and organized the Douglas Fine Wire Corporation. The plaintiffs subsequently sought and obtained a preliminary injunction against the defendants' competing in the fine wire industry. While the judgment granting the preliminary injunction awaited review in this Court, the parties consented to a judgment on the basis of a negotiated settlement agreement.
The consent judgment contained the following pertinent provisions regarding the obligations of Berryman and Douglas:
(Emphasis added.)
The consent judgment also contained the following provisions:
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