Robert Neargarder v. Fmc Corporation

993 F.2d 883 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Robert NEARGARDER, Plaintiff-Appellant, v. FMC CORPORATION, Defendant-Appellee. No. 91-16810. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 16, 1993. Decided May 10, 1993. Before: SCHROEDER, PREGERSON, and D.W. NELSON, Circuit Judges. 1 MEMORANDUM * 2 Robert Neargarder appeals from the district court's order of summary judgment in favor of FMC Corporation, Neargarder's employer and defendant in this action. Neargarder alleges that FMC discriminated against him in employment decisions based on age, violated an express and implied employment contract, and retaliated against him for raising these issues, all in violation of California law. The district court had jurisdiction under 28 U.S.C. § 1332 . We have jurisdiction under 28 U.S.C. § 1291 . We affirm. BACKGROUND 3 Robert Neargarder has been employed by FMC Corporation since January 1966. Over the years, Neargarder has…