Earl W. Carey v. International Business MacHines Corporation, a New York Corporation

951 F.2d 359 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Earl W. CAREY, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York corporation, Defendant-Appellee. No. 90-15528. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 1, 1991. Decided Dec. 13, 1991. 1 Before FARRIS and O'SCANNLAIN, Circuit Judges, and LEW, * District Judge. 2 MEMORANDUM ** 3 Carey alleged breach of an employment contract, fraud, and intentional infliction of emotional distress in this wrongful termination case against his employer International Business Machines Corporation ("IBM"). The district court granted summary judgment for IBM. 4 The dispositive issue is Carey's employment status. Carey alleged IBM's employment policies and actions, and statements in its personnel manual, changed his relationship with IBM from at-will employment into employment with implied-in-fact contract rights limiting IBM's power to discharge him at will. 5 Under Arizona…