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COOPER v. LABORATORY CORP. OF AMERICA HOLDINGS

No. 97-1428.

150 F.3d 376 (1998)

Maxine B. COOPER, Plaintiff-Appellant, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, INCORPORATED, Defendant-Appellee, and Esab Group, Incorporated; Roche Biomedical Laboratories, Incorporated, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided July 17, 1998.

Attorney(s) appearing for the Case

ARGUED: Stuart Wesley Snow, Dusenbury & Snow, P.A., Florence, South Carolina, for Appellant. Jane Thompson Davis, Nelson, Mullins, Riley & Scarborough, Charleston, South Carolina, for Appellee. ON BRIEF: Lisa W. Caldwell, Nelson, Mullins, Riley & Scarborough, Charleston, South Carolina; David E. Dukes, Nelson, Mullins, Riley & Scarborough, Columbia, South Carolina, for Appellee.

Before ERVIN and HAMILTON, Circuit Judges, and WILSON, Chief United States District Judge for the Western District of Virginia, sitting by designation.

Affirmed by published opinion. Judge ERVIN wrote the opinion, in which Judge HAMILTON and Chief Judge WILSON joined.

OPINION

ERVIN, Circuit Judge:

Maxine Cooper, the appellant in this diversity case, brought suit against her employer, Esab Corporation, after she was fired because her urine tested positive for alcohol in violation of company policy. Cooper also sued the laboratory that did the urine test, Laboratory Corporation of America Holdings...

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