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King v. IBM, 95-2528 (1996)

Court: Court of Appeals for the Fourth Circuit Number: 95-2528 Visitors: 2
Filed: Jun. 19, 1996
Latest Update: Feb. 12, 2020
Summary: UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT STEVEN A. KING, Plaintiff-Appellant, v. No. 95-2528 INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-95-271-A) Argued: May 9, 1996 Decided: June 19, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. _ Affirmed by unpublished per curiam opinion.
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT STEVEN A. KING, Plaintiff-Appellant, v. No. 95-2528 INTERNATIONAL BUSINESS MACHINES CORPORATION, Defendant-Appellee. Appeal from the United States District Court for the Eastern District of Virginia, at Alexandria. Claude M. Hilton, District Judge. (CA-95-271-A) Argued: May 9, 1996 Decided: June 19, 1996 Before MURNAGHAN and WILLIAMS, Circuit Judges, and PHILLIPS, Senior Circuit Judge. _________________________________________________________________ Affirmed by unpublished per curiam opinion. _________________________________________________________________ COUNSEL ARGUED: Jack L. Gould, Fairfax, Virginia, for Appellant. Anthony Herman, COVINGTON & BURLING, Washington, D.C., for Appel- lee. ON BRIEF: Eric Lasker, COVINGTON & BURLING, Wash- ington, D.C.; Melinda Hunkins, IBM CORPORATION, Bethesda, Maryland, for Appellee. _________________________________________________________________ Unpublished opinions are not binding precedent in this circuit. See Local Rule 36(c). _________________________________________________________________ OPINION PER CURIAM: Appellant Steven A. King appeals a ruling of the district court granting summary judgment to Appellee International Business Machines Corporation (IBM) on King's various claims related to an alleged promise of employment by IBM. Finding no error, we affirm. King was a longtime, at-will employee of IBM's Federal Systems Company division (FSC) in Manassas, Virginia. In 1991, King accepted a temporary, international assignment to FSC's Merlin Pro- gram in England. Before accepting the international assignment, King attended a briefing, during which he was informed that he would be re-entered into IBM's domestic workforce at the conclusion of his international assignment and that a "career manager" would be desig- nated to assist him with the re-entry process. After he began work in England, King signed an "international assignment letter" that explained the terms of King's assignment to England. One portion of the letter addressed the conclusion of King's international assignment: International assignments are temporary in nature. The length of your assignment is based on present business requirements and is subject to change at the discretion of IBM. You are expected to re-enter your home country at the completion of your assignment or any extension. (J.A. at 206 (emphasis added).) While King was in England, IBM sold FSC to another company, Loral. Pursuant to its agreement with IBM, Loral offered employment to King and all other FSC employees under the same terms those employees had enjoyed with IBM. Although IBM informed King that 2 it would not employ him upon his return from England, King never- theless declined the offer of employment with Loral.* King then brought the instant action, alleging breach of contract, fraud, and civil conspiracy. All of these claims are dependent on the validity of King's assertion that IBM's oral and written representa- tions that it "expected" to re-employ King upon the completion of his international assignment constituted a contract that bound IBM to offer King employment when he declined Loral's offer of employ- ment. After a hearing on IBM's summary judgment motion, the dis- trict court concluded that IBM had not made a promise of employment. Having had the benefit of oral argument and the parties' briefs, and after careful consideration of the record and applicable law, we conclude that the district court correctly determined that IBM made no promise of employment to King. Accordingly, we affirm. AFFIRMED _________________________________________________________________ *Pursuant to the terms of the international assignment letter, IBM paid to transport King, his family, and their belongings back to the United States. 3
Source:  CourtListener

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