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WOOD v. SOUTH DAKOTA CEMENT PLANT

No. 20251.

588 N.W.2d 227 (1999)

1999 SD 8

Charles E. WOOD, Jr., Plaintiff and Appellant, v. SOUTH DAKOTA CEMENT PLANT, Defendant and Appellee.

Supreme Court of South Dakota.

Decided January 20, 1999.

Attorney(s) appearing for the Case

John J. Delaney of Delaney & Sumner, LLP, Rapid City, for plaintiff and appellant.

James S. Nelson and Donald P. Knudsen of Gunderson, Palmer, Goodsell & Nelson, LLP, Rapid City, for defendant and appellee.

SABERS, Justice.

[¶ 1.] Charles Wood appeals a judgment denying his claim under SDCL 60-4-11 for lost wages following his termination from the South Dakota Cement Plant (Cement Plant) for off-duty, off-premises tobacco smoking. We affirm.

FACTS

[¶ 2.] Wood began working at Cement Plant as a temporary employee in April 1992. He worked in both the wet and dry kilns. There were no restrictions on his tobacco use while he was a temporary employee...

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