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SOUTHWEST FOREST INDUSTRIES, INC. v. SUTTON

No. 86-1183.

868 F.2d 352 (1989)

SOUTHWEST FOREST INDUSTRIES, INC., Defendant-Appellant, v. John L. SUTTON, Plaintiff-Appellee.

United States Court of Appeals, Tenth Circuit.

February 10, 1989.

Attorney(s) appearing for the Case

Williams R. McKibbon, Jr. (Charles L. House, Gilbert P. Bourk III and Douglas C. Beach, with him on the briefs), of Haynsworth, Baldwin, Miles, Johnson, Greaves and Edwards, Greenville, S.C. for defendant-appellant.

David W. Hauber (Kenneth J. Reilly and Elinor P. Schroeder, with him on the briefs), of Boddington & Brown, Kansas City, Kan., for plaintiff-appellee.

Before McKAY, SEYMOUR, and BALDOCK, Circuit Judges.

SEYMOUR, Circuit Judge.

Plaintiff, John L. Sutton, a former employee of defendant Southwest Forest Industries (Southwest), brought this diversity action for damages, alleging retaliatory discharge for filing worker's compensation claims. After a jury verdict for Sutton, the district court, 643 F.Supp. 662, denied Southwest's motion for judgment notwithstanding the verdict and Southwest appealed. While this appeal was pending,...

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