LUCAS v. WHITTAKER CORPORATION

No. 72-1174.

470 F.2d 326 (1972)

John Robert LUCAS, Plaintiff-Appellee, v. WHITTAKER CORPORATION, a California corporation, and Whittaker Power Systems Corporation, a California corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 18, 1972.


Attorney(s) appearing for the Case

William P. Waggener, Denver, Colo. (Anthony F. Renzo, Denver, Colo., on the brief), for plaintiff-appellee.

Donald C. McKinlay, Denver, Colo., for defendants-appellants.

Before LEWIS, Chief Judge, and PICKETT and McWILLIAMS, Circuit Judges.


PICKETT, Circuit Judge.

In this diversity action, Lucas sued Whittaker to recover the balance due him on an alleged two-year oral employment contract. Whittaker denied the existence of the contract and also relied on the statute of frauds as a defense, since it was an agreement not to be performed within a year. A jury found that Lucas was employed for the two-year period. The parties agreed that the court should decide the statute of frauds issues. The court held...

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