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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