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DANIELS v. BURLINGTON NORTHERN R. CO.

No. 89-35654.

916 F.2d 568 (1990)

Mark S. DANIELS, Plaintiff-Appellant, v. BURLINGTON NORTHERN RAILROAD COMPANY, a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 19, 1990.

Attorney(s) appearing for the Case

Alexander (Zander) Blewett, III, Hoyt & Blewett, Great Falls, Mont., for plaintiff-appellant.

Robert J. Sullivan, Boone, Karlberg & Haddon, Missoula, Mont., for defendant-appellee.

Before HUG, NELSON and BRUNETTI, Circuit Judges.

BRUNETTI, Circuit Judge:

Plaintiff-appellant Mark S. Daniels ("Daniels") was employed by defendant-appellee Burlington Northern Railroad Company ("Burlington Northern"). On November 19, 1987, Burlington Northern terminated Daniels's employment. Daniels filed an action against Burlington Northern in federal court for constructive fraud and breach of the covenant of good faith arising from his termination. The district court dismissed Daniels's action for lack of subject...

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