American Medical International, Inc., and American Medical International, Inc. Executive Severance Plan v. William E. Valliant

74 F.3d 1245 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. AMERICAN MEDICAL INTERNATIONAL, INC., and American Medical International, Inc. Executive Severance Plan, Plaintiffs-Appellees v. William E. VALLIANT, Defendant-Appellant No. 94-16573. United States Court of Appeals, Ninth Circuit. Argued and Submitted Dec. 8, 1995. Decided Jan. 16, 1996. 1 Before: BOOCHEVER and REINHARDT, Circuit Judges, and KING, * District Judge. 2 MEMORANDUM * 3 Defendant/Appellant, William Valliant ("Valliant" or "Appellant") appeals from the district court's granting of Plaintiffs/Appellees, American Medical International, Inc. ("AMI") and the American Medical International, Inc. Executive Severance Plan's motion for summary judgment. The district court also dismissed Valliant's counterclaim and denied his motion for attorney's fees. For the reasons stated below, we find that summary judgment was inappropriate and reverse. We also reverse the order dismissing the counterclaim. I. 4 Valliant…