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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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