Gary Smoot, Plaintiff-Appellee-Cross-Appellant v. Boise Cascade Corporation, Defendant-Appellant-Cross-Appellee

Boise Cascade fired Gary Smoot after Smoot threatened to harm one of his superiors. Smoot prevailed in this diversity action on his claim for breach of his employment contract. Boise Cascade appeals the district court’s judgment, various other rulings in favor of Smoot and the court’s award of attorney fees. Smoot cross-appeals the fee amount. This court has jurisdiction under 28 U.S.C. § 1291 , and we reverse.

I

Smoot began working for Boise Cascade in Yakima, Washington in 1964. He was promoted to foreman in 1977. When he was promoted, he expressed concern about losing the protection accompanying union membership. The Regional Production Manager, Elzy Poole, told him, “Gary, if you do a job — your performance is right, as long as there is a job there, I don’t see any reason why it wouldn’t be you.”

Smoot’s immediate supervisor was John Hynes. Hynes’s supervisor was Chuck Ro-esberry. Roesberry’s “confrontational” management style upset Smoot. On January 22, 1987, after drinking some whiskey, Smoot called Dennis Taylor, the plant personnel director, and threatened to harm Roesberry. Smoot recalled the phone call in part as follows:

Taylor recalled in part:

Taylor immediately…