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SMITH v. FRESNO IRRIGATION DIST.

No. F028993.

84 Cal.Rptr.2d 775 (1999)

72 Cal.App.4th 147

Ronald SMITH, Plaintiff and Respondent, v. FRESNO IRRIGATION DISTRICT, Defendant and Appellant.

Court of Appeals of California, Fifth District.

Rehearing Denied June 9, 1999.

Review Denied August 25, 1999.

Attorney(s) appearing for the Case

Horvitz & Levy, Sandra J. Smith, Ari R. Kleiman, Encino, Brown & Peel, Carl L. Brown, Fresno, and R. Ernest Montanari, for Defendant and Appellant.

Oliver & Duncan, Donald E. Oliver and Karen E. Duncan, Redmond, OR, for Plaintiff and Respondent.

Certified for Partial Publication.*

OPINION

LEVY, J.

INTRODUCTION

Defendant Fresno Irrigation District challenges two rulings of the trial court: (1) the determination that plaintiff Ronald Smith was not required to exhaust the District's internal grievance procedure prior to filing suit for wrongful termination; and (2) the ruling that plaintiff was not in a safety-sensitive position and hence the random drug...

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