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PAYNE v. NORWEST CORP.

No. 95-36252.

113 F.3d 1079 (1997)

RadLee F. PAYNE, Plaintiff-Appellant, v. NORWEST CORPORATION, a Delaware corporation; Norwest Bank Billings, N.A., a Montana corporation; Norwest Bank Great Falls, a Montana corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1997.

Attorney(s) appearing for the Case

David A. Veeder, Veeder Law Firm, Billings, Montana, for plaintiff-appellant.

Linda L. Holstein, Schatz, Paquin, Lockridge & Holstein, Minneapolis, Minnesota, W. Scott Mitchell, Holland & Hart, LLP, Billings, Montana, for defendants-appellees.

Before: WRIGHT, WALLACE, and HAWKINS, Circuit Judges.

OPINION

WALLACE, Circuit Judge:

RadLee Payne, a former employee of Norwest Corporation, appeals from the magistrate judge's summary judgment in favor of Norwest. The magistrate judge had jurisdiction under 28 U.S.C. § 636(c)(1). We have jurisdiction over this timely appeal pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand.

I

Norwest terminated Payne on February 9, 1994, alleging insubordination. Payne...

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