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KLUMPE v. IBP, INC.

No. 01-11008.

309 F.3d 279 (2002)

Steven M. KLUMPE, Plaintiff-Appellant, v. IBP, INC., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

October 4, 2002.

Attorney(s) appearing for the Case

James H. Wood, The Wood Law Firm, Amarillo, TX, Russell H. McMains (argued), Law Offices of Russell H. McMains, Corpus Christi, TX, Dick W. DeGuerin (argued), DeGuerin & Dickson, Houston, TX, for Plaintiff-Appellant.

Robert M. Cohan (argued), Mark Raymond Steiner, Scott Masur McElhaney, Jackson Walker, Dallas, TX, Kelly D. Utsinger, Underwood, Wilson, Berry, Stein & Johnson, Amarillo, TX, for Defendant-Appellee.

Before KING, Chief Judge, PARKER, Circuit Judge, and ELLISON, District Judge.

ROBERT M. PARKER, Circuit Judge:

Plaintiff-Appellant Steven M. Klumpe brought a wrongful discharge suit against his former employer IBP, Inc., claiming that he was terminated solely for his refusal to commit an illegal act. A jury agreed and awarded compensatory and punitive damages. The district court subsequently entered a take-nothing judgment, however, concluding there was no evidence that Klumpe's conduct would have been illegal. We affirm.

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