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LILLY v. OVERNITE TRANSP. CO.

No. 91-2059.

995 F.2d 521 (1993)

Raoul Eddie LILLY, Plaintiff-Appellant, v. OVERNITE TRANSPORTATION COMPANY, a Virginia corporation, doing business in the State of West Virginia, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 9, 1993.

Attorney(s) appearing for the Case

Jerome J. McFadden, Gibson, McFadden & Ash, Princeton, WV, argued, for plaintiff-appellant.

Michael Vance Matthews, Blakeney, Alexander & Machen, Charlotte, NC, argued (W.T. Cranfill, Jr., Blakeney, Alexander & Machen, Charlotte, NC, Wayne L. Evans, Katz, Kantor & Perkins, Bluefield, WV, on brief), for defendant-appellee.

Before NIEMEYER, Circuit Judge, and BUTZNER and SPROUSE, Senior Circuit Judges.

OPINION

SPROUSE, Senior Circuit Judge:

Raoul Eddie Lilly appeals from the district court's summary judgment order in favor of Overnite Transportation Company on Lilly's claims against it for wrongful discharge and breach of contract. We affirm on the breach of contract claim but, based on the answer of the West Virginia Supreme Court of Appeals to our certified question, we reverse the summary judgment on Lilly's claim for wrongful discharge.

I...

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