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BARELA v. C.R. ENGLAND & SONS, INC.

No. 98-4090.

197 F.3d 1313 (1999)

Bud F. BARELA, Plaintiff-Appellant, v. C.R. ENGLAND & SONS, INC., a Utah Corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

December 21, 1999.

Attorney(s) appearing for the Case

Stuart H. Schultz (Glenn C. Hanni and David R. Nielson, with him on the briefs), Strong & Hanni, Salt Lake City, Utah, appearing for Plaintiff-Appellant.

Alan E. Epstein, Hall & Evans, L.L.C., Denver, Colorado (Daniel R. Satriana, Jr., Hall & Evans, L.L.C., Denver, Colorado, and Nathan R. Hyde, Law Offices of Nathan R. Hyde, Sandy, Utah, with him on the brief), appearing for Defendant-Appellee.

Before TACHA, KELLY, Circuit Judges, and WEST, District Judge.

TACHA, Circuit Judge.

Plaintiff Barela sued defendant C.R. England & Sons, Inc. ("England") for, inter alia, wrongful discharge in contravention of Utah public policy. The district court granted England's motion for summary judgment, and Barela appealed to this court. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and reverse.

I. Facts

Barela joined England as a truck driver in December of 1993. By late spring of 1994, he had assumed...

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