John Van Dyke v. East Shoshone Hospital District John F. Cowley, in His Individual Capacity

Good Law
34 F.3d 1075·1994 WL 463528·1994 U.S. App. LEXIS 32178
United States Court of Appeals for the Ninth CircuitAugust 26, 199493-35712California1,353 words

Opinion

Opinion

34 F.3d 1075 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John VAN DYKE, Plaintiff-Appellant, v. EAST SHOSHONE HOSPITAL DISTRICT, et al.; John F. Cowley, in his individual capacity, Defendants-Appellees. No. 93-35712. United States Court of Appeals, Ninth Circuit. Submitted Aug. 4, 1994. * Decided Aug. 26, 1994. 1 Before: KOZINSKI and FERNANDEZ, Circuit Judges, and REAL, District Judge. ** 2 MEMORANDUM *** 3 John L. Van Dyke appeals the entry of summary judgment denying his due process and state law claims against East Shoshone Hospital District and John F. Cowley. Van Dyke was the administrator of the hospital and was terminated after he fell from grace with the board. We affirm. A. Breach of Contract 4 Van Dyke's employment contract unambiguously provided for nonrenewal of his contract upon notice and without cause. See Clement v. Farmers Ins. Exch., 766 P.2d 768, 770 (Idaho 1988); Hughes v. Idaho State Univ., 835 P.2d 670, 672-73 (Idaho Ct.App.1992). Any inconsistent…

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