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Gibson v. American Hospital Supply Corp.

filed: July 29, 1991.

QUINTON GIBSON, PETITIONER-APPELLANT,
v.
AMERICAN HOSPITAL SUPPLY CORPORATION, RESPONDENT-APPELLEE



Appeal from the United States District Court for the District of Montana; Charles C. Lovell, District Judge, Presiding; DC No. CV-88-23-M-CCL.

D. W. Nelson, Noonan, and T. G. Nelson, Circuit Judges.

MEMORANDUM

FACTS

Quinton Gibson brought suit against his former employer, American Hospital Supply Corp., alleging that American breached Montana's implied covenant of good faith and fair dealing by terminating Gibson without just cause or reason. The district court granted summary judgment for American. Gibson appeals.

ANALYSIS

An employer's obligation imposed by the covenant of good faith and fair dealing is met if the employer provides a fair and honest reason for the employee's dismissal. Coombs v. Gamer Shoe Co., 778 P.2d 885, 887 (Mont. 1989). In the present case, Gibson did not dispute his failure to comply with the terms of his probation or that he lied to his employer about his compliance. In these circumstances the district court correctly found that Gibson's termination was justified as a matter of law. See Barrett v. ASARCO, 763 P.2d 27, 33 (Mont. 1988); see also Majerus v. Skaggs Alpha Beta, 799 P.2d 1053, 1056 (Mont. 1990).

Therefore the judgment of the district court is AFFIRMED.

19910729

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