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HOLMES v. NATIONAL FOOTBALL LEAGUE

Civil Action No. 3:95-CV-2704-D.

939 F.Supp. 517 (1996)

Clayton A. HOLMES, Plaintiff, v. NATIONAL FOOTBALL LEAGUE and National Football League Management Council, Defendants.

United States District Court, N.D. Texas, Dallas Division.

August 27, 1996.

Attorney(s) appearing for the Case

Grady C. Irvin, Jr., Gulfport, FL, for plaintiff.

Daniel L. Nash (argued) and Lisa F. Lazarus, Akin, Gump, Strauss, Hauer & Feld, Washington, DC, John V. Jansonius, Akin, Gump, Strauss, Hauer & Feld, Dallas, TX, and Dennis Curran, National Football League Management Council, New York City, for defendants.

FITZWATER, District Judge:

This is an action by a professional football player who was enrolled involuntarily in the National Football League Policy and Program for Drugs of Abuse and Alcohol (the "Drug Program") after testing positive for the use of marihuana, and was thereafter suspended for four games without pay when subsequent tests showed continued drug use. Defendants' motion to dismiss presents the question whether plaintiff's assertion that he was denied...

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