B. Elmer Moore v. The Home Insurance Company, a Corporation

Good Law
601 F.2d 1072·1979 U.S. App. LEXIS 12734
United States Court of Appeals for the Ninth CircuitAugust 3, 1979CA 77-2045California1,341 words

Opinion

Opinion

Skopil, J.

INTRODUCTION

B. Elmer Moore challenges the termination of his employment by The Home Insurance Company (“the company”). He contends that he had been discharged in violation of his employment contract. He seeks recovery of employer pension contributions and for equitable relief. The district court granted the company’s motion for summary judgment on all claims. We affirm.

Our review is to ascertain whether there were any genuine issues of material fact that would preclude summary judgment. Accepting Moore’s view of the facts, we must determine whether there is sufficient evidence to support (1) an action for wrongful termination of employment, or (2) relief under equitable or quasi-contract theories.

FACTS

The company hired Moore in 1962. In May 1975, at the age of 44, he was discharged. The discharge took place some seven and one-half months before a substantial vesting of his pension benefits. Moore’s initial employment was for an indefinite term. He asserts that over the years he was told that he would be retained as long as he did a good job. When he began his employment, he received a com pany brochure emphasizing job security. Feeling that the company offered job…

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