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GOFF v. DAKOTA, MINNESOTA & EASTERN R.R. CORP.

No. 01-1110.

276 F.3d 992 (2002)

Ronald I. GOFF, Appellee, v. DAKOTA, MINNESOTA & EASTERN RAILROAD CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: January 14, 2002.

Rehearing Denied: February 14, 2002.

Attorney(s) appearing for the Case

Mark E. Salter, Sioux Falls, SD, argued, for appellant.

Robert L. Morris, Belle Fourche, SD, argued, for appellee.

Before BOWMAN, RICHARD S. ARNOLD, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

Ronald Goff, a locomotive engineer for the Dakota, Minnesota & Eastern Railroad (DM & E), was operating a DM & E train which derailed in South Dakota. A postaccident drug test revealed the presence of a marijuana metabolite in Goff's system. After an investigation and a disciplinary hearing, DM & E terminated Goff as a result of his drug use. Goff appealed his dismissal to a Public Law Board (the Board), convened pursuant to...

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