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GILLIAM v. ATLANTIC BOTTLING CO.

No. 89-192.

453 N.W.2d 230 (1990)

Kenneth GILLIAM, Appellant, v. ATLANTIC BOTTLING COMPANY and Employment Appeal Board, Appellees.

Court of Appeals of Iowa.

January 25, 1990.

Attorney(s) appearing for the Case

Carolyn F. Coleman, Legal Aid Soc. of Polk County, and Barbara A. Drews and Emil Trott, Jr., of Barrett & Trott, Des Moines, for appellant.

Kristin H. Johnson of Shearer, Hintze & Templer, P.C., West Des Moines, for appellee Atlantic Bottling Co.

William C. Whitten, Des Moines, for appellee Employment Appeal Bd.

Heard by SCHLEGEL, P.J., and HAYDEN and HABHAB, JJ.

HAYDEN, Judge.

Kenneth Gilliam was employed by Atlantic Bottling Company as a night warehouse manager from July 15, 1987, until November 10, 1987. On September 28, Atlantic received 1,149 cases of soft drinks containing Nutra-Sweet™ which has a ninety-day shelf life. Gilliam was instructed by his supervisor to make sure the September 28 merchandise was redistributed to customers before the expiration date. In order to accomplish this, the soft drinks would have...

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