AAF-McQuay, Inc. v. Gross

Supreme Court of Alabama July 12, 1996

AAF-McQuay, Inc. v. Gross, 682 So. 2d 32 (Ala. 1996)

1996 Ala. LEXIS 191; 1996 WL 390815

Butts, Hooper, Almon, Shores, Kennedy, Ingram, Cook, Maddox, Houston

Opinion of the Court

BUTTS, Justice.

AFFIRMED. NO OPINION.

See Rule 53(a)(1) and (a)(2)(F), Ala. R.App.P.

HOOPER, C.J., and ALMON, SHORES, KENNEDY, INGRAM, and COOK, JJ., concur. MADDOX, J., concurs in the result. HOUSTON, J., dissents, with opinion.

Dissenting Opinion

HOUSTON, Justice

(dissenting).

I am persuaded that the law of Kentucky must be applied in interpreting the noncom-petition agreement on which this injunction action is based and in determining whether that agreement is enforceable. See Seymour v. Buckley, 628 So.2d 554, 557-58 (Ala. 1993). The trial court erred in applying Alabama law. Therefore, I would reverse the judgment and remand this case for the trial court to apply the law of Kentucky.

Reference

Full Case Name: Aaf-Mcquay, Inc. v. John A. Gross, Jr., and Tri-Dim Filter Corporation.
Status: Published