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KRIEG v. SEYBOLD

No. 06-2322.

481 F.3d 512 (2007)

Robert A. KRIEG and Local No. 3063 American Federation of State, County, and Municipal Employees, Plaintiffs-Appellants, v. Wayne SEYBOLD, Jack Antrobus, and City of Marion, Indiana, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided March 21, 2007.

Attorney(s) appearing for the Case

William R. Groth (argued), Fillenwarth, Dennerline, Groth & Towe, Indianapolis, IN, for Plaintiffs-Appellants.

Robert T. Keen, Jr., Diana C. Bauer (argued), Carson Boxberger, Fort Wayne, IN, for Defendants-Appellees.

Before FLAUM, KANNE, and EVANS, Circuit Judges.

FLAUM, Circuit Judge.

On October 28, 2004, Jack Antrobus, the Superintendent of Marion, Indiana's Streets and Public Works Department administered a random drug test to all employees in the Streets and Sanitation Department. Robert Krieg, a Streets and Sanitation Department employee, refused to be tested, and Antrobus ordered him to leave the building. On November 15, 2004, the City's Board of Public Works voted to terminate Krieg's employment. Krieg filed suit arguing...

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