Subject: [NEXTEL-1] Ga. High Court to Hear BellSouth Appeal

From: Marcel <[email-masked]>
Date: Fri, 21 Feb 2003 13:12:25 -0500

BellSouth Appeal in Dispute over Executive Heads to Georgia Supreme
Court

A Georgia Court of Appeals said on Thursday that the state's highest court
should hear BellSouth's appeal of a lower court decision in a dispute over a
possible move by BellSouth Vice Chairman Gary Forsee to Sprint. BellSouth
seeks to force Forsee to honor a noncompete clause in his employment
contract that would prevent him from taking a job with a competitor for 18
months. Forsee has been offered the job of chairman and chief executive officer
of BellSouth competitor Sprint.

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Ga. High Court to Hear BellSouth Appeal
Thu Feb 20, 2:58 PM ET

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By HARRY R. WEBER, AP Business Writer

ATLANTA - BellSouth's appeal of a judge's decision to limit the scope of
arbitration in the dispute over its No. 2 executive with rival Sprint has been
transferred to the Georgia Supreme Court.

The Court of Appeals said in a three-page order
Thursday that the state's highest court has
jurisdiction over the appeal, which involves the
fight over BellSouth vice chairman Gary Forsee,
who wants to take the top job at Sprint.

BellSouth went to court last month to stop
Forsee from taking the job, citing concerns that
he could disclose key information about
BellSouth's business. BellSouth wants Forsee
to honor a noncompete clause in his contract
that prevents him from taking a job at a rival
company for 18 months.

Last week, a judge in Atlanta extended a restraining order that temporarily
bars Forsee from joining Sprint. The judge also ordered the two companies
to complete arbitration over Forsee's contract within 30 days, but limited the
issue to be decided to how to make sure Forsee doesn't reveal confidential
information. BellSouth is appealing that, asking that the noncompete clause
also be weighed.

This week, the two sides picked William Webster, the former FBI (news -
web sites) and CIA (news - web sites) director who resigned in November
from a new board overseeing the accounting industry, to arbitrate the
dispute.

Overland Park, Kan.-based Sprint and Atlanta-based BellSouth both sell
long-distance service in nine Southeastern states and compete nationally for
wireless customers. Forsee, head of BellSouth's domestic operations and
chairman of its wireless subsidiary Cingular, spent nine years at Sprint
before joining BellSouth in 1999.

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20030220/ap_on_hi_te/bellsouth_sprint_4

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