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INTERNATIONAL BRO. OF ELECTRICAL WKRS. v. POWELL

77-377.

370 So.2d 987 (1979)

INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, SYSTEMS COUNCIL U-19 and Local 841 of the International Brotherhood of Electrical Workers v. James C. POWELL.

Supreme Court of Alabama.

Rehearing Denied May 4, 1979.

Attorney(s) appearing for the Case

George C. Longshore of Cooper, Mitch & Crawford, Birmingham, for appellants.

Ernest C. Hornsby, Steven F. Schmitt, Tallassee, John M. Patterson, Edmon L. Rinehart, Montgomery, for appellee.

ALMON, Justice.

Three union defendants appeal from the rendition of a $40,000 jury verdict against them jointly and severally in favor of the appellee, James C. Powell. We reverse.

In September, 1975, Alabama Power Company (APC), terminated James C. Powell's employment as a company lineman, based upon a determination that Powell had a spondylolytic condition in his lower back which rendered him incapable of heavy lifting and therefore unfit for lineman's duties...

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