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ADKINS v. EXCEL MINING, LLC

Civil No. 15-133-ART.

214 F.Supp.3d 617 (2016)

Timothy ADKINS, Plaintiff, v. EXCEL MINING, LLC, Defendant.

United States District Court, E.D. Kentucky, Southern Division at Pikeville.

Signed October 4, 2016.

Editors Note
Applicable Law: 28 U.S.C. § 1441
Cause: 28 U.S.C. § 1441 Petition for Removal - Civil Rights Act
Nature of Suit: 445 Civil Rights: Americans with Disabilities - Employment
Source: PACER

Attorney(s) appearing for the Case

Nathan D. Brown , Ferrell & Brown, PLLC, Joshua S. Ferrell , Williamson, WV, for Plaintiff.

Elizabeth S. Muyskens , Richard G. Griffith , Kif Harward Skidmore , Stoll Keenon Ogden, PLLC, Lexington, KY, for Defendant.

MEMORANDUM OPINION AND ORDER

Like many coal companies, Excel Mining has a zero-tolerance drug policy: no mining while on illegal drugs. So when one of its safety inspectors, Timothy Adkins, tested positive for a drug called oxazepam, Excel fired him. But Adkins claims that Excel fired him for...

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