Henderson v. Clark Oil & Refining Corp.

MEMORANDUM OPINION

GRADY, Chief Judge.

This diversity case is before the court on the motion of defendant Clark Oil & Refining Corporation (“Clark”) for summary judgment as to Count I of the two-count complaint of plaintiff James Henderson (“Henderson”). For the reasons stated below, we will allow Clark additional time to comply with Fed.R.Civ.P. 56(e), at which time we will enter summary judgment as to Count I and dismiss Count II for lack of subject matter jurisdiction.

FACTS

The facts of this case are simple. In May 1981, Henderson entered into an at-will employment contract with Clark to…