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Macke v. Cadillac Jack Inc.

Evidence that the plaintiff's wife started a competing gaming company within months of the plaintiff's termination from the defendant gaming company, supported the defendants' counterclaim asserting a breach of restrictive covenants in the plaintiff's employment contract.

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In Case No. A12A0704, Michael Macke appeals from an order granting partial summary judgment against him and denying partial summary judgment in his favor with respect to several claims he brought against Cadillac Jack, Inc. “CJ”, Smart Games Group Corp., and Eugene Chayevsky. Macke’s claims arise from the decline of CJ’s fortunes after he sold a majority stake in CJ to a company controlled by Oleg Boyko, a Russian national with whom Chayevsky worked in various capacities.1 Macke contends that the trial court erred in the following ways: 1 granting the defendants’ summary judgment motion on Macke’s breach of fiduciary duty claim based on a a restructuring of CJ’s debt and b withholding funding from CJ in bad faith; 2 denying Macke’s summary judgment motion on CJ’s counterclaims alleging Macke’s breach of a restrictive covenants and b fiduciary duties and the duty of loyalty; and 3 granting defendants’ summary judgment motion on Macke’s claim for conspiracy to wrongfully accelerate a loan from Zions First National Bank “Zions”. For the reasons herein, we affirm in that case.

In Case No. A12A0376, Zions First National Bank appeals from the partial grant of summary judgment in favor of Macke on a wrongful foreclosure claim he filed against the Bank in connection with the suit above. For the reasons herein, we affirm in that case.

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