Bilbo

MEMORANDUM *

The district court did not err in granting summary judgment to DynCorp on Bilbo’s breach of contract claim. Bilbo’s employment agreement allowed DynCorp to discharge him for cause, including “[fjailure ... to satisfactorily perform his duties under this agreement in a manner acceptable in the trade as those duties are specified by DynCorp and the United States Government.” DynCorp argues that this provision allowed it to terminate Bilbo if he was unable to perform his duties under the contract, and Bilbo does not dispute this interpretation.

Uncontradicted evidence showed that the Army considered Bilbo an “embarrassment to the U.S. Army and to NATO forces” and that it had “command directed” DynCorp to “remove [Bilbo] from Bosnia within 72 hours.” By ordering Bilbo out of the country, the Army necessarily implied that it would no longer permit him to work at the Army base there. No reasonable jury could find otherwise. Bilbo was unable to perform under the contract, and the Employee Agreement therefore gave DynCorp the right to discharge him.

DynCorp was not required to investigate, give notice or afford a chance to respond in order to determine whether cause…