Page:Frybarger v. International Business Machines.pdf/2

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812 FEDERAL REPORTER, 2d SERIES

George M. Schwab, San Francisco, Cal., for plaintiff-appellant.

Paul C. Saunders, New York City, R. Michael West, Sacramento, Cal., for defendants-appellees.

Appeal from the United States District Court for the Eastern District of California.

Before NELSON, KOZINSKI and NOONAN, Circuit Judges.

NELSON, Circuit Judge:

Anthony James Frybarger appeals from a summary judgment in favor of IBM Cor-