Fields v. Automatic Data Processing, Inc.

36 F.3d 1102 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Kenneth D. FIELDS; James W. Gossett, III; James C. Bowman, Jr.; Herbert Fields; Donald G. Dougherty, Jr.; Daniel McGaw; Mark Hanko; Matthew Trank; Charles Donaldson; Amy Okuma; Michael Jones; Jack Welkley; and Scott Holt, Plaintiffs-Counter-Defendants-Appellants, v. AUTOMATIC DATA PROCESSING, INC., a Delaware corporation, Defendant-Counter-Claimant-Appellee. No. 93-15554. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1994. * Decided Sept. 1, 1994. Before: FERNANDEZ, RYMER, and T.G. NELSON, Circuit Judges. 1 MEMORANDUM ** 2 The parties are familiar with the facts, so we need not recite them here. Appellants contend the district court erroneously instructed the jury on the required proof of a contractual breach of the implied covenant of good faith and fair dealing. The record reveals that the case was tried on the theory that the conduct of ADP was conscious and deliberate, and this…