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McCONCHIE v. WAL-MART STORES, INC.

No. 96-CV-1776.

985 F.Supp. 273 (1997)

Leigh McCONCHIE, Plaintiff, v. WAL-MART STORES, INC., Defendant.

United States District Court, N.D. New York.

November 17, 1997.

Attorney(s) appearing for the Case

Snyder, Kiley, Loren N. Brown, Toohey & Corbett, LLP (Loren N. Brown, of Counsel), Saratoga, Springs, NY, for Plaintiff.

Roberts & Finger, LLP (Joel L. Finger, Lisa E. Dayan, of Counsel), New York, New York, for Defendant.

MEMORANDUM, DECISION AND ORDER

McAVOY, Chief Judge.

This diversity action presents the narrow issue of whether, under New York law, an employer's termination of a licensed pharmacist for disobeying a directive that the pharmacist believed to be unethical and illegal is actionable as a breach of contract based upon an implied-in-law obligation.

I. BACKGROUND

A. Facts

The facts in this case, for the most part, are undisputed, and...

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