Marvin MacKey Lillian MacKey Husband and Wife v. Pioneer National Bank, a National Banking Corporation Paul Campbell, Marie Campbell, Husband and Wife

Marvin Mackey (“Mackey”) appeals summary judgment for Pioneer National Bank (“Pioneer”) in an action for breach of employment contract, negligent misrepresentation, and interference with business relationship, arising from his being forced to resign as Executive Vice President of Pioneer. Mackey claims that the district court abused its discretion in limiting discovery and erred in ruling that the National Bank Act, 12 U.S.C. § 24 (Fifth) (1982), offered a complete defense to both his contract and tort claims. Pioneer cross appeals, claiming that the district court erred in failing to assess Rule 11 sanctions against Mackey. We affirm.

BACKGROUND

Pioneer National Bank is a national banking corporation organized under the National Bank Act of 1864. 12 U.S.C. § 21 (1982). Paul Campbell is its President and Chief Executive Officer. Marvin Mackey was hired as Senior Vice President on June 1, 1985, and became Executive Vice President on November 14, 1985. In a letter to Mackey, dated May 20, 1985, Campbell wrote “Just as the rest of us, you will be subject [to] all of the policies and procedures, rules and regulations of the bank now in force and hereafter passed.” Mack-ey was also…