Fred Tiller v. Fujitsu Customer Services of America, Inc.

86 F.3d 1163 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fred TILLER, Plaintiff-Appellant, v. FUJITSU CUSTOMER SERVICES OF AMERICA, INC., Defendant-Appellee. No. 94-36101. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 8, 1996. Decided May 28, 1996. 1 Before: GOODWIN and SCHROEDER, Circuit Judges, and ARMSTRONG, District Judge. * 2 MEMORANDUM ** 3 Tiller appeals an adverse judgment on his claims for breach of employment contract and breach of the duty of good faith and fair dealing following a jury trial in a diversity action for damages. We affirm. 4 Tiller worked as an ATM engineer for Fujitsu until he broke his collar bone and took a disability leave that extended, with some interruption while he attempted to work, for some nine months. While Tiller was on leave, Fujitsu decided to eliminate "first line" ATM service in most of Oregon. This business decision, the bona fides of which have not been questioned, resulted in the elimination of…