Unpublished Disposition, 940 F.2d 669 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 940 F.2d 669 (9th Cir. 1991)

Jay PETER, Plaintiff-Appellant,v.PEABODY COAL COMPANY, d/b/a Big Sky Mine of Rosebud County,Montana, Defendant-Appellee.

No. 90-35848.

United States Court of Appeals, Ninth Circuit.

Submitted July 12, 1991.* Decided July 18, 1991.

Before D.W. NELSON, NOONAN and THOMAS G. NELSON, Circuit Judges.

MEMORANDUM** 

After careful examination of the record, we conclude that the district court did not err in concluding that no reasonable jury could find that Peter was discharged for any reason other than good cause. Anderson v. Liberty Lobby Inc., 477 U.S. 242, 250 (1986); In re Apple Computer Securities Litigation, 886 F.2d 1109, 1112-13 (9th Cir. 1989), cert. denied, 110 S. Ct. 3229 (1990). Montana law clearly holds that discharge for unsatisfactory performance is a legitimate business reason. Belcher v. Dept. of State Lands, 742 P.2d 475 (Mont.1987). The order granting defendant's motion for summary judgment is AFFIRMED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a) and Ninth Circuit Rule 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir.R. 36-3

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