SWIFT v. UNION PACIFIC RAILROAD CO.

Civil No. 10-3152.

David Swift, Plaintiff, v. Union Pacific Railroad Co., Defendant.

United States District Court, D. Minnesota.

November 18, 2011.


Attorney(s) appearing for the Case

Wayne Kenas, Kenas Law Firm Ltd., Counsel for Plaintiff.

Barbara Jean D'Aquila and Andre Hanson, Fulbright & Jaworski L.L.P., Counsel for Defendant.


MEMORANDUM OPINION AND ORDER

MICHAEL J. DAVIS, Chief District Judge.

This matter is before the Court on the parties' cross motions for summary judgment.

Factual Background

Plaintiff was employed with Defendant Union Pacific Railroad Co. ("UP") from November 2000 to July 1, 2008 as a Through Freight Conductor. He was terminated from employment when he refused to submit to a drug and alcohol test on January 29, 2008. Plaintiff alleges that...

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