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ROSS v. ELLARD CONST. CO., INC.

2940288.

686 So.2d 1190 (1996)

Charles ROSS v. ELLARD CONSTRUCTION COMPANY, INC.

Court of Civil Appeals of Alabama.

Rehearing Denied May 24, 1996.

Certiorari Quashed December 13, 1996.

Attorney(s) appearing for the Case

Robert W. Lee, Jr. of Lee & Sullivan, P.C., Birmingham, for Appellant.

Charles F. Carr, Rhonda Pitts Chambers and Donald B. Kirkpatrick II of Rives & Peterson, Birmingham, for Appellee.

Alabama Supreme Court 1951498.

CRAWLEY, Judge.

In November 1993, Charles Ross (the "worker") filed a complaint for worker's compensation benefits against Ellard Construction Company (the "company"), alleging that he had been injured in the line and scope of his employment and had suffered a permanent disability. The company filed a motion for summary judgment, contending that the worker tested positive for cocaine metabolites following the accident and that...

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