David L. Mahon, Plaintiff-appellant, v. American States Insurance Company, an Indiana Insurancecorporation, Defendant-appellee, 46 F.3d 1151 (10th Cir. 1995)

Before KELLY and SETH, Circuit Judges, and KANE,^**  District Judge.

ORDER AND JUDGMENT¹ 

After examining the briefs and appellate record, this panel has determined unanimously to grant the parties' request for a decision on the briefs without oral argument. See Fed. R. App. P. 34(f) and 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

Plaintiff David Mahon appeals the district court's order entering summary judgment in favor of defendant American States Insurance Co. on his claim for breach of an implied employment contract.²  The district court concluded that the employee manual upon which plaintiff relied did not create an implied contract and further concluded that even if a contract were created, defendant did not breach the contract as a matter of law.

We review the district court's entry of summary judgment de novo. James v. Sears, Roebuck & Co., 21 F.3d 989, 997-98 (10th Cir. 1994). Based upon our review, we conclude the district court properly determined that even if the employee manual did create an implied contract, no reasonable jury would find that defendant had breached the terms of that contract.

Therefore, we AFFIRM the judgment of the United States District Court for the Western District of Oklahoma for substantially the reasons set forth by that court in its memorandum opinion and order dated February 15,1994.