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Kansas Supreme Court - 99536 – Wolfe Electric, Inc. v. Duckworth

Kansas Supreme Court - 99536 – Wolfe Electric, Inc. v. Duckworth

Kansas Supreme Court - 99536 – Wolfe Electric, Inc. v. Duckworth

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months later, Global had its first oven assembled. They displayed it at the NAFEM trade<br />

show in late September.<br />

Pete Goodman, director of sales and equipment development for Domino's Pizza,<br />

was at the show. Goodman recognized <strong>Duckworth</strong> as he passed the Carlson/Global booth,<br />

so Goodman stopped to greet him. <strong>Duckworth</strong> told Goodman he could not talk to him<br />

about the oven, but Goodman was welcome to talk to Latham. Global distributed brochures<br />

at the show.<br />

After discovering that Global had produced an oven in 3 months, Ron <strong>Wolfe</strong><br />

suspected that <strong>Duckworth</strong> had taken <strong>Wolfe</strong> <strong>Electric</strong>'s trade secrets and other confidential<br />

information to help replicate the oven. <strong>Wolfe</strong> <strong>Electric</strong> hired a private investigator to<br />

determine what <strong>Duckworth</strong> was doing at Carlson Products because <strong>Wolfe</strong> <strong>Electric</strong> received<br />

several calls from vendors indicating that Global was ordering the same parts used in the<br />

<strong>Wolfe</strong> <strong>Electric</strong> oven.<br />

One of these vendors, Ratliff Metal Spinning (Ratliff), was 1 of 400 vendors<br />

possessing the part sought by Global. Ron <strong>Wolfe</strong> suspected <strong>Duckworth</strong> knew specifically<br />

to call Ratliff because <strong>Duckworth</strong> had taken <strong>Wolfe</strong> <strong>Electric</strong>'s vendor list.<br />

In October 2005, <strong>Wolfe</strong> <strong>Electric</strong> filed suit against <strong>Duckworth</strong> claiming he had<br />

breached his employment contract with <strong>Wolfe</strong> <strong>Electric</strong>, breached his fiduciary duty to it,<br />

and misappropriated its trade secrets. In May 2006, <strong>Wolfe</strong> <strong>Electric</strong> amended its petition. It<br />

now also alleged Global misappropriated <strong>Wolfe</strong> <strong>Electric</strong>'s trade secrets and committed<br />

tortious interference with a contractual relationship by encouraging "<strong>Duckworth</strong> to divulge<br />

<strong>Wolfe</strong>'s Confidential Information and Trade Secrets in material violation of his<br />

Employment Agreement."<br />

8

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