[U] Douglas V. Orkin Exterminating Company
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Publisher Description
In this diversity action governed by Wyoming law, plaintiff-appellant Richard Douglas appeals the district courts grant of summary judgment in favor of defendant-appellee Orkin Exterminating Company ("Orkin") and the dismissal of his claims for breach of his employment contract, breach of the implied covenant of good faith and fair dealing, and intentional infliction of emotional distress. Douglas had become an Orkin employee as part of an integrated transaction which included the sale of his pest-control business to Orkin. Exercising jurisdiction pursuant to 28 U.S.C. § 1291, we reverse the district courts dismissal of Douglass breach of contract and intentional infliction of emotional distress claims and affirm its dismissal of the breach of the implied covenant of good faith and fair dealing claim.