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KELLEY v. EASTERN AIR LINES, INC.

No. 24631.

389 F.2d 478 (1967)

Dewey P. KELLEY, Appellant, v. EASTERN AIR LINES, INC., Appellee.

United States Court of Appeals Fifth Circuit.

October 9, 1967.

Attorney(s) appearing for the Case

Thomas L. Carter, Jr., and Gilbert & Carter, Atlanta, Ga., for appellant.

W. Glen Harlan, William G. Bell, Jr., Atlanta, Ga., Gambrell, Russell, Moye & Killorin, Atlanta, Ga., of counsel, for appellee.

Before TUTTLE, BELL and SIMPSON, Circuit Judges.

PER CURIAM:

This is an appeal from a summary judgment granted in favor of Eastern Air Lines, Inc., dismissing a suit for damages by the appellant for what is claimed to have been an unlawful discharge.

The admitted facts are that Kelley gave what appeared to be on its face a valid resignation letter to be effective at a future date. The Air Lines acted upon this resignation and considered Kelley's employment terminated. Thereafter, Kelley contended that the...

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