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Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharmacies, Inc.

Date: 10-02-2001

Case Number: 00-5981

Judge: Ralph B. Guy

Court: United States Court of Appeals for the Sixth Circuit

Plaintiff's Attorney: David E. Arvin, Hopkinsville, Kentucky, for Appellants.

Defendant's Attorney: Alan M. Anderson of Larkin, Hoffman, Daly & Lindgren, Bloomington, Minnesota, for Appellee

Description:
Debtors, Donald Ray Kennedy and Shirley Jean Kennedy, appeal from the judgment of the district court affirming an order of the United States Bankruptcy Court for the Western District of Kentucky, which found the Kennedys' obligations under a covenant not to compete were nondischarageable and terminated the automatic stay to allow plaintiff, Medicap Pharmacies, Inc., to seek an injunction. The Kennedys argue that the district court and the bankruptcy court erred in finding Medicap's right to an equitable remedy for breach of the covenant was not a "claim" dischargeable in bankruptcy.

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Click the case caption above for the
full text of the Court's opinion.

Outcome:
Affirmed.
Plaintiff's Experts:
Unknown
Defendant's Experts:
Unknown
Comments:
None

About This Case

What was the outcome of Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharm...?

The outcome was: Affirmed.

Which court heard Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharm...?

This case was heard in United States Court of Appeals for the Sixth Circuit, KY. The presiding judge was Ralph B. Guy.

Who were the attorneys in Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharm...?

Plaintiff's attorney: David E. Arvin, Hopkinsville, Kentucky, for Appellants.. Defendant's attorney: Alan M. Anderson of Larkin, Hoffman, Daly & Lindgren, Bloomington, Minnesota, for Appellee.

When was Donald Ray Kennedy; Shirley Jean Kennedy v. Medicap Pharm... decided?

This case was decided on October 2, 2001.