SMITHEY v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY

No. 15386.

237 F.2d 637 (1956)

Virginia S. SMITHEY, Appellant, v. ST. LOUIS SOUTHWESTERN RAILWAY COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

October 23, 1956.


Attorney(s) appearing for the Case

Gerland P. Patten, Little Rock, Ark., for appellant.

Ned Stewart, Texarkana, Ark., for appellee.

Before STONE, JOHNSEN and VOGEL, Circuit Judges.


JOHNSEN, Circuit Judge.

This is a diversity suit to recover damages under state law for wrongful discharge. The trial court dismissed the action, without a trial, and the plaintiff has appealed. We must, as a matter of Arkansas law, affirm the judgment.

The basis for the court's dismissal was that the employment relation involved was concededly one that was terminable at will on the part of the plaintiff; that under Arkansas law it therefore also constituted...

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