BellSouth exec appeals delay on joining Sprint

ATLANTA -- BellSouth Corp. executive Gary Forsee has asked a Superior Court judge to lift her order banning him from joining rival Sprint Corp. for 30 days, pending arbitration of a dispute over his switch.

Forsee, a 1968 graduate of Central High School in Cape Girardeau who is vice chairman of BellSouth, asked Fulton County Superior Court Judge Stephanie Manis on Friday to allow him to join Overland Park, Kan.-based Sprint immediately.

BellSouth went to court last month, obtaining a temporary restraining order that prevents Forsee from replacing William T. Esrey as Sprint's chief executive.

The Atlanta-based telecommunications company has concerns that Forsee could disclose key information and wants him to honor a noncompete clause in his contract that prevents him from taking a job at a rival company for 18 months.

The two sides have picked William Webster, the former FBI and CIA director, to arbitrate the dispute.

Manis ordered the two companies to complete arbitration within 30 days, but she also limited the scope of the arbitration to the nondisclosure portion of Forsee's contract with BellSouth.

BellSouth is appealing that, asking that the noncompete clause also be weighed. That appeal is now in the hands of the Georgia Supreme Court.

On Friday, Forsee's attorneys asked Manis to lift the restraining order, due to expire March 12.

They claimed BellSouth isn't proceeding in good faith, citing the appeal and its attempt to have Webster disqualify Forsee's law firm. King & Spalding has also represented BellSouth in the past.

BellSouth declined Friday to comment on Forsee's move.

Forsee is head of BellSouth's domestic operations. He spent nine years at Sprint before joining BellSouth in 1999.