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BATAIN v. STATE DEPT. OF INDUS. RELATIONS

2900503.

606 So.2d 140 (1992)

Larry C. BATAIN v. STATE DEPARTMENT OF INDUSTRIAL RELATIONS, et al.

Court of Civil Appeals of Alabama.

Rehearing Denied February 28, 1992.

Certiorari Quashed October 23, 1992.

Attorney(s) appearing for the Case

Lisa S. Robinson and Charles G. Spradling, Jr. of Legal Services of Metro Birmingham, Birmingham, for appellant Larry C. Batain.

George Cocoris, Gen. Counsel, and Frank D. Marsh, Asst. Gen. Counsel, for appellee State of Ala. Dept. of Indus. Relations.

T. Dwight Sloan, Andrew J. Sinor, Jr. and Gregory C. Cook of Balch & Bingham, Birmingham, for appellee Alabama Power Co.

Alabama Supreme Court 1910891.

ROBERTSON, Presiding Judge.

Larry Batain, an employee of Alabama Power Company (APCo), was terminated from his job after testing positive for marijuana use on more than one occasion.

When Mr. Batain first tested positive for drugs, he was made aware that he would be tested for drug use again and that if drugs were detected, he would be terminated from his position at APCo. Therefore, when Batain again tested positive...

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