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HERNANDEZ v. HUGHES MISSILE SYSTEMS CO.

No. 01-15512.

292 F.3d 1038 (2002)

Joel HERNANDEZ, Plaintiff-Appellant, v. HUGHES MISSILE SYSTEMS COMPANY, an Arizona corporation; Hughes Aircraft Company, a Delaware corporation; Raytheon Company, a Delaware corporation, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2002.

Attorney(s) appearing for the Case

Richard M. Martinez, Tucson, AZ, for plaintiff-appellant.

Ronald J. Stolkin, Janice Procter-Murphy, and Barney M. Holtzman, Fennemore Craig, P.C., Tucson, AZ, for defendants-appellees.

Before REINHARDT, MAGILL and FISHER, Circuit Judges.

OPINION

REINHARDT, Circuit Judge.

In July 1991, Plaintiff Joel Hernandez was given a drug test at his place of employment and tested positive for cocaine. He had worked for the Defendant, Hughes Missile Systems Company ("Hughes")1 for approximately twenty-five years, first as a janitor, and at the time of his positive drug test, as a Calibration Service Technician. Hughes was also aware at this time that Hernandez struggled with...

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