KIMBRO v. ATLANTIC RICHFIELD CO.

Nos. 87-3903, 87-4007.

889 F.2d 869 (1989)

Daniel KIMBRO, Plaintiff-Appellant/Cross-Appellee, v. ATLANTIC RICHFIELD COMPANY, Defendant-Appellee/Cross-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided November 14, 1989.


Attorney(s) appearing for the Case

Deborra E. Garrett, Raas, Johnsen, Garrett & Stuen, Bellingham, Wash., for plaintiff-appellant/cross-appellee.

Clemens H. Barnes, Graham & Dunn, Seattle, Wash., for defendant-appellee/cross-appellant.

Before ALARCON, FERGUSON and THOMPSON, Circuit Judges.


FERGUSON, Circuit Judge:

Appellant Daniel Kimbro appeals the district court's judgment in favor of Atlantic Richfield (ARCO) in his action alleging handicap discrimination, breach of contract, and violations of the Employee Retirement Income Security Act (ERISA). Kimbro, a machinist at an ARCO refinery, was discharged after ten years of employment with the company for excessive absenteeism and tardiness. Kimbro contends that...

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