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EUGENE v. ADM'R, DIV. OF EMP. SEC.

No. 87-CA-909.

525 So.2d 1185 (1988)

Zackery EUGENE v. ADMINISTRATOR, DIVISION OF EMPLOYMENT SECURITY, H.D. McGaughey, Jr., Appeals Referee, and Westside Transit Lines.

Court of Appeal of Louisiana, Fifth Circuit.

May 16, 1988.

Attorney(s) appearing for the Case

Zeno, Frazier & Banks, Melvin C. Zeno, Marrero, for plaintiff-appellant.

Kullman, Inman, Bee & Downing, Sharon S. Hearn and Keith D. Frazier, P.C., New Orleans, for Westside Transit Lines, defendant-appellee.

James A. McGraw, Denise A. Nagel, Bernard J. Francis, Sr., Frank T. Scott, Jr., Ollivette E. Mencer, V. Broussard Guillory, and Sandra A. Broussard, Baton Rouge, for Administrator, Office of Employment Sec. of the Dept. of Labor, defendant-appellee.

Before CHEHARDY, DUFRESNE and WICKER, JJ.

CHEHARDY, Judge.

In this suit plaintiff seeks appellate review of the decision of the trial court that the presence of an illegal drug in plaintiff's urine constitutes "misconduct connected with his employment" under LSA-R.S. 23:1601(2) so as to disqualify him from receiving state unemployment benefits.

Plaintiff, Zackery Eugene, was employed by Westside Transit Lines as a bus driver for approximately four years when he was tested by his employer for illegal...

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