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DORSEY v. CHESAPEAKE AND OHIO RAILWAY COMPANY

No. 72-1324.

476 F.2d 243 (1973)

James R. DORSEY, Appellant, v. CHESAPEAKE AND OHIO RAILWAY COMPANY, a corporation, et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 5, 1973.

Attorney(s) appearing for the Case

Thornhill, Kennedy & Vaughan, Beckley, W. Va., and Jo B. Gardner, Monett, Mo., on brief, for appellant.

William C. Beatty, Huntington, W. Va., and Richard J. Bolen, Huntington, W. Va., on brief for appellees.

Before HAYNSWORTH, Chief Judge, BOREMAN, Senior Circuit Judge, and WIDENER, Circuit Judge.

PER CURIAM.

James R. Dorsey appeals from an order of the district court granting defendants' motion for summary judgment. Defendant railroad discharged him as a conductor on November 13, 1969 after a company Board of Inquiry found that he had violated a rule prohibiting the use of intoxicants by employees while on company property.

In his complaint, Dorsey claimed that his discharge violated the terms of his employment contract and deprived him of his employment...

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