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Home / Opinion Digests / Civil Practice / Civil Practice – Appeals – Interlocutory – Res Judicata – Texas & Kentucky Lawsuits – Breach of Contract – Covenant Not to Compete (access required)

Civil Practice – Appeals – Interlocutory – Res Judicata – Texas & Kentucky Lawsuits – Breach of Contract – Covenant Not to Compete (access required)

Heritage Operating, L.P. v. N.C. Propane Exchange, LLC Even though plaintiff has filed suit in other states against some of the same individual defendants alleging breach of the same covenant not to compete, each action involves the formation, financing, and operation of a different company that does business solely in the state in which the action was brought. Whether the parties’ non-competition agreements were breached by the formation of each company depends on the factual circumstances in each case. Similarly, whether the non-competition agreements were breached by the financing and/or operation of each company depends on the specific factual circumstances in each case.

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