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WATTS v. UNION PACIFIC R. CO.

No. 84-2566.

796 F.2d 1240 (1986)

J.K. WATTS, Petitioner-Appellant, v. UNION PACIFIC RAILROAD COMPANY, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

July 7, 1986.

Attorney(s) appearing for the Case

Donald F. D'Antuono of Tallmadge, Tallmadge, Wallace & Hahn, Denver, Colo. (Charles A. Collins of Stone, Ribble, Bremseth, Meyer & Wood, Minneapolis, Minn., with him on briefs), for petitioner-appellant.

Arun Das (John J. Mullins, with him on brief), of Gorsuch, Kirgis, Campbell, Walker and Grover, Denver, Colo., for respondent-appellee.

Before HOLLOWAY, Chief Judge, TIMBERS, Senior Circuit Judge, and BALDOCK, Circuit Judge.

BALDOCK, Circuit Judge.

Appellant J.K. Watts was employed as a locomotive engineer by the appellee Union Pacific Railroad Company (Railroad). On September 19, 1981, appellant was arrested for possession, use and delivery of cocaine. The crime occurred while appellant was off duty and away from the Railroad's property.1 On October 22, 1981, appellant pleaded guilty to a violation of Wyo.Stat. § 35-7-1031(c), possession of a controlled...

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