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RAILWAY LABOR EXECUTIVES' ASS'N v. BURNLEY

No. 85-2891.

839 F.2d 575 (1988)

RAILWAY LABOR EXECUTIVES' ASSOCIATION; United Transportation Union General Committee of Adjustment, the Southern Pacific Company; Brotherhood of Locomotive Engineers General Committee of Adjustment, the Southern Pacific Company; and Brotherhood of Railroad Signalmen, Plaintiffs-Appellants, v. James H. BURNLEY, Secretary, Department of Transportation; John R. Riley, Administrator, Federal Railroad Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided February 11, 1988.

Attorney(s) appearing for the Case

Lawrence M. Mann, Washington, D.C., for plaintiffs-appellants.

Marc Richman, Daniel Carey Smith, Washington, D.C., for defendants-appellees.

Alan L. Schlosser, San Francisco, Cal., for amicus curiae.

Before TANG, PREGERSON and ALARCON, Circuit Judges.

TANG, Circuit Judge:

The Railway Labor Executives' Association1 and various railway labor organizations which are constituent members (collectively "RLEA") appeal the district court's grant of summary judgment for the government. RLEA challenges the constitutionality of Federal Railroad Administration (FRA) regulations mandating blood and urine tests of employees after certain train accidents and fatal incidents, and authorizing breath...

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