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Johnston v. Del Mar Distributing Co.

Texas Court of Appeals

776 S.W.2d 768 (1989)

Facts

As part of her duties for Del Mar Distributing Company, Inc. (Del Mar) (defendant), Nancy Johnston (plaintiff) was required to prepare shipping documents for goods being sent from Del Mar’s warehouse in Corpus Christi to other cities in Texas. One day, Del Mar directed Johnston to label the contents of a package containing a firearm as fishing gear. Johnston, who was required to sign her name to the shipping documents, was concerned that mislabeling a package containing a firearm might be illegal, so she sought the advice of the United States Treasury Department Bureau of Alcohol, Tobacco, and Firearms (bureau). A few days later, Del Mar terminated Johnston’s employment. Johnston sued Del Mar for wrongful termination. The trial court granted Del Mar’s motion for summary judgment, and Johnston appealed.

Rule of Law

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Issue

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Holding and Reasoning (Benavides, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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