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SMITH v. KENTUCKY UNEMPLOYMENT INS. COM'N

No. 94-CA-1364-MR.

906 S.W.2d 362 (1995)

Avalee SMITH and Donna Smith, Appellants, v. KENTUCKY UNEMPLOYMENT INSURANCE COMMISSION, Commonwealth of Kentucky and Union Underwear Company, Inc. (d/b/a Fruit of the Loom), Appellees.

Court of Appeals of Kentucky.

Case Ordered Published by Supreme Court July 21, 1995.

Attorney(s) appearing for the Case

Robert Hanson, Appalachian Research and Defense Fund of Kentucky, Inc., Columbia, for Appellants.

Robert L. Bell, Sr., Frankfort, for Appellee Kentucky Unemployment Insurance Commission.

David T. Whitaker, J. Scott Evans, Bowling Green, for Appellee Union Underwear Company, Inc.

Before DYCHE, GUDGEL and JOHNSTONE, JJ.

OPINION

JOHNSTONE, Judge.

This appeal centers on the propriety of appellants' disqualification from receiving unemployment insurance benefits for work-related misconduct in having tested positive for marijuana and in having failed to list marijuana on a form related to the drug test. We affirm.

The facts are simple and largely undisputed. Appellants had been employees of appellee Fruit of the Loom since the mid-1980's. On the morning of November...

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