Virginia S. Smithey v. St. Louis Southwestern Railway Company

JOHNSEN, Circuit Judge.

This is a diversity suit to recover damages under state law for wrongful discharge. The trial court dismissed the action, without a trial, and the plaintiff has appealed. We must, as a matter of Arkansas law, affirm the judgment.

The basis for the court’s dismissal was that the employment relation involved was concededly one that was terminable at will on the part of the plaintiff; that under Arkansas law it therefore also constituted one that was terminable at the will of the defendant; and that in this situation the Arkansas decisions recognized no right in an employee…