Melvin Smith and Mona Smith v. Gould, Inc.

MAGILL, Circuit Judge.

Melvin and Mona Smith appeal from an order of the district court 1 granting Gould, Inc.’s motion for summary judgment in an action seeking damages for breach of contract and personal injuries arising out of Mr. Smith’s employment at Gould. Mrs. Smith also sought damages for loss of consortium and support. On appeal, the Smiths argue first that the Nebraska Workers’ Compensation Act, which the district court held barred their intentional tort claim against Gould, violates the due process clause of the fourteenth amendment. Next, the Smiths attack the district court’s…