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ELLENWOOD v. EXXON SHIPPING CO.

Nos. 92-1473, 92-1474.

984 F.2d 1270 (1993)

Theodore M. ELLENWOOD, et al., Plaintiffs, Appellees, v. EXXON SHIPPING CO., Defendant, Appellant. State of Maine, Intervenor. Theodore M. ELLENWOOD, et al., Plaintiffs, Appellants, v. EXXON SHIPPING CO., Defendant, Appellee. State of Maine, Intervenor.

United States Court of Appeals, First Circuit.

Decided January 14, 1993.

Rehearing and Rehearing Denied February 23, 1993.

Attorney(s) appearing for the Case

Peter Bennett with whom Daniel W. Bates, Portland, ME, was on brief for the Ellenwoods.

Thomas D. Warren, Deputy Atty. Gen., with whom Michael E. Carpenter, Atty. Gen., Augusta, ME, was on brief for the State of ME.

Robert M. Hayes, Portland, ME, with whom Charles G. Bakaly, Jr., Los Angeles, CA, Richard G. Moon, and Linda D. McGill, Portland, ME, were on brief for Exxon Shipping Co.

Before BREYER, Chief Judge, COFFIN, Senior Circuit Judge, and CYR, Circuit Judge.

Rehearing and Rehearing En Banc Denied February 23, 1993.

COFFIN, Senior Circuit Judge.

Shortly after the Exxon Valdez struck a reef off the Alaskan coast in 1989, defendant Exxon Shipping Company adopted a new policy barring any employee who had ever participated in an alcohol rehabilitation program from holding designated jobs within the company. Pursuant to this policy, plaintiff Theodore Ellenwood, who had no connection to the Valdez incident...

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