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LOJEK v. THOMAS

No. 82-3682.

716 F.2d 675 (1983)

Donald W. LOJEK, Plaintiff-Appellant, v. Eugene C. THOMAS, J. Charles Blanton, Moffatt, Thomas, Barrett & Blanton, Chartered, and Moffatt, Thomas, Barrett & Blanton, Chartered, Profit Sharing Plan and The Idaho First National Bank, Trustee, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided September 22, 1983.

Attorney(s) appearing for the Case

Donald W. Lojek, Parkinson, Lojek & Penland, Chtd., Boise, Idaho, for plaintiff-appellant.

Phillip M. Barber, Hawley, Troxell, Ennis & Hawley, Boise, Idaho, for defendants-appellees.

Before WRIGHT, CHOY and NELSON, Circuit Judges.

NELSON, Circuit Judge:

Donald W. Lojek (Lojek) appeals from the district court's partial summary judgment for appellees Moffatt, Thomas, Barrett & Blanton, Chartered (MTBB) in an action challenging the forfeiture of his pension benefits. Lojek also appeals the dismissal of his complaint on the ground that he was not constructively discharged.1 We affirm.

FACTS

Lojek, an attorney, joined MTBB, a Boise, Idaho law firm...

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