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Archive for Wednesday, January 29, 1992

LOCAL COMPANY SUES EX-WORKERS

January 29, 1992

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A Lawrence company filed suit Tuesday in Douglas County District Court against two of its former employees, alleging breach of contract and the misappropriation of trade secrets.

Scanning America, 2706 Iowa, is seeking a temporary restraining order, a temporary injunction and a permanent injunction against Rick D. Potter, doing business as Avalon Conversion Services, and Todd E. Genenbacher, who also works for Avalon.

Scanning America, founded by David Kimbrell, converts paper drawings, such as blueprints, to computerized files.

Scanning America made five claims against Potter and Genenbacher in its lawsuit. In seeking injunctions against the two men, Scanning America alleges they have "intentionally, maliciously, and wrongfully breached their respective confidentiality agreements" with the company, causing "irreparable harm to its business."

SCANNING America is seeking temporary and permanent injunctions against the men and Avalon, prohibiting them from contacting and transacting business with Scanning America's licensed representatives, customers and potential customers, and from contacting its employees.

Scanning America also is seeking damages to cover attorneys' fees and court costs and punitive damages "sufficient to deter further breaches" by Potter and Genenbacher.

Separately, the company is suing Potter and Genenbacher for unspecified damages for breach of contract to compensate the company "for the damage to its business and relationships with its licensed representatives and other customers."

Scanning America also requests a judgment against the two men for losses "caused by defendants' misappropriation of plaintiff's trade secrets . . . and punitive damages to deter defendants from further misappropriation in an amount not exceeding twice any award."

ACCORDING to the suit, Potter worked in Scanning America's technical department and dealt with customers from September 1990 to October 1991. The suit also states that Genenbacher worked for Scanning America from June 17, 1991, to Dec. 2, 1991, as a supervisor of conversion technicians along with working with customers.

The suit alleges that both men were given full access to Scanning America's confidential information, proprietary information and trade secrets such as the company's customer list, processing procedures and pricing methods.

Both men entered into confidentiality agreements with the company as a condition of employment.

Neither Potter, Genenbacher nor Avalon Conversion Services, a Lawrence company, has answered the suit.

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