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McCLUNEY v. JOS. SCHLITZ BREWING CO.

No. 80-1383.

649 F.2d 578 (1981)

Forrest McCLUNEY, Appellee, v. JOS. SCHLITZ BREWING CO., Appellant.

United States Court of Appeals, Eighth Circuit.

Decided May 20, 1981.

Rehearing and Rehearing Denied June 30, 1981.

Rehearing Denied July 1, 1981.

Attorney(s) appearing for the Case

Linde, Thomson, Fairchild, Langworthy & Kohn, Robert G. Oberlander (argued), J. Michael Vaughan, Kansas City, Mo., for appellee.

Gage & Tucker, Paul Scott Kelly Jr. (argued), James L. Moeller, Kansas City, Mo., for appellant.

Before GIBSON, Senior Circuit Judge, and HEANEY and ARNOLD, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 30, 1981.

HEANEY, Circuit Judge.

The Jos. Schlitz Brewing Company appeals from a judgment pursuant to a jury verdict finding Schlitz liable for breach of an employment contract (Count I), and willful and malicious violation of the Missouri service letter statute, Mo.Ann.Stat. § 290.140 (Count II). We affirm as to Count I and reverse as to Count II.

I

In 1955, Forrest McCluney was a vice president...

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