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FARM FRESH DAIRY, INC. v. BLACKBURN

No. 74905.

841 P.2d 1150 (1992)

FARM FRESH DAIRY, INC., Appellant, v. Mike BLACKBURN; the Oklahoma Employment Security Commission; and the Board of Review of the Oklahoma Employment Security Commission, Appellees.

Supreme Court of Oklahoma.

November 3, 1992.

Attorney(s) appearing for the Case

Charles S. Plumb, Jon E. Brightmire, Doerner, Stuart, Saunders, Daniel & Anderson, Tulsa, for appellant.

David T. Hopper, Oklahoma Employment Sec. Com'n, Oklahoma City, for appellees.

WATT, Justice.

Farm Fresh claims that the trial court and the Court of Appeals erred in upholding the Commission's award of benefits to Blackburn. We agree.

FACTS

Blackburn worked for Farm Fresh as a delivery truck driver. In 1984, Farm Fresh set up a drug testing policy. Federal Highway Administration Department of Transportation regulations, 49 CFR parts 391 and 394, required Farm Fresh to conduct random drug testing of its drivers. Blackburn signed...

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