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WATSON v. DRUMMOND CO., INC.

No. 04-15726.

436 F.3d 1310 (2006)

Gary Lee WATSON, Plaintiff-Appellant, v. DRUMMOND COMPANY, INC., Mike Zervous, individually and in his official capacity as President of Drummond Coal Company, United Mine Workers of America, et al., Defendants-Appellees. Cloy Wyman Owens, Clarence E. Gaines, et al., Plaintiffs-Appellants, v. Drummond Company, Inc., Mike Zervous, individually and in his official capacity as President of Drummond Coal Company, United Mine Workers of America, et al., Defendants-Appellees. Eddie J. Tucker, Plaintiff-Appellant, v. Drummond Company, Inc., Mike Zervous, individually and in his official capacity as President of Drummond Coal Company, United Mine Workers of America, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

January 20, 2006.

Attorney(s) appearing for the Case

Ann C. Robertson, Temple D. Trueblood, Wiggins, Childs, Quinn & Pantazis, PC, Birmingham, AL, for Appellants.

Brian Roberts Bostick, Harry L. Hopkins, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Patrick K. Nakamura, Nakamura, Quinn & Walls, Birmingham, AL, Judith E. Rivlin, United Mine Workers of America, Fairfax, VA, for Appellees.

Before ANDERSON, BLACK and CARNES, Circuit Judges.

ANDERSON, Circuit Judge:

In this set of consolidated appeals, plaintiffs are former or current employees of the Drummond Company, Inc. ("the Company") and members of the United Mine Workers of America ("the Union")1 who were suspected of stealing goods from the Company. They appeal the grant of summary judgment to the Company and the Union concerning alleged violations of the Employee Polygraph Protection Act (EPPA). 29 U.S.C. §&...

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