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MAUSHUND v. EARL C. SMITH, INC.

No. 85-1648.

795 F.2d 589 (1986)

Donald MAUSHUND, Plaintiff-Appellant, v. EARL C. SMITH, INC., Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided July 21, 1986.

Attorney(s) appearing for the Case

Anthony F. Houle, argued, John C. McColl, McIntosh, McColl, Allen, Carson, McNamee & Strickler, Port Huron, Mich., for plaintiff-appellant.

Terence K. Jolly, argued, Matheson, Bieneman, Parr, Schuler & Ewald, Bloomfield Hills, Mich., for defendant-appellee.

Before ENGEL, KENNEDY and MILBURN, Circuit Judges.

PER CURIAM.

This action was originally commenced by plaintiff Donald Maushund in Michigan's state courts. Maushund claimed that his discharge as a part-time truck driver employed by defendant Earl C. Smith, Inc., breached an oral contract which he alleged to have with that company not to discharge him without cause. In this respect, Maushund claimed rights and sought damages in reliance upon Toussaint v. Blue Cross & Blue Shield of Michigan,

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