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ROBARDS v. GAYLORD BROS., INC.

No. 87-2574.

854 F.2d 1152 (1988)

Herbert E. ROBARDS, Plaintiff-Appellee, v. GAYLORD BROTHERS, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided August 15, 1988.

Attorney(s) appearing for the Case

Phyllis E. Andelin and Robert E. Noel, Rosen, Wachtell & Gilbert, San Francisco, Cal., for defendant-appellant.

Bernard J. Allard, Jeffry Lochner and Suchitra V. Narayen, Popelka, Allard, McCowan & Jones, San Jose, Cal., for plaintiff-appellee.

Before SCHROEDER, NOONAN and O'SCANNLAIN, Circuit Judges.

SCHROEDER, Circuit Judge:

Gaylord Brothers, Inc. appeals a jury verdict in favor of Herbert E. Robards in this diversity action alleging wrongful discharge under California law. Gaylord Brothers discharged Robards from its employ after thirty-five years of service. The jury awarded $200,000 in damages for breach of implied contract and negligent infliction of emotional distress. Gaylord Brothers contends that the district court lacked subject matter jurisdiction due...

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