NAT. FEDERATION OF FED. EMPLOYEES v. WEINBERGER

No. 86-5432.

818 F.2d 935 (1987)

NATIONAL FEDERATION OF FEDERAL EMPLOYEES, et al., Appellants v. Caspar W. WEINBERGER, Secretary of Defense, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided May 15, 1987.

As Amended May 22, 1987.


Attorney(s) appearing for the Case

Bruce P. Heppen, with whom H. Stephan Gordon and Clinton D. Wolcott, Washington, D.C., were on the brief for appellants.

Robert V. Zener, Atty., Dept. of Justice, with whom Richard K. Willard, Asst. Atty. Gen., Dept. of Justice, Joseph E. diGenova, U.S. Atty. and Leonard Schaitman, Atty., Dept. of Justice, Washington, D.C., were on the brief for appellees.

Mark D. Roth and Joe Goldberg, Washington, D.C., were on the brief for amicus curiae, American Federation of Government Employees, urging remand to the District Court.

Lois G. Williams and Elaine Kaplan, Washington, D.C., were on the brief for amicus curiae, National Treasury Employees Union, urging reversal of the District Court decision.

Before EDWARDS and R.B. GINSBURG, Circuit Judges, and FAIRCHILD, Senior Circuit Judge, United States Court of Appeals for the Seventh Circuit.


Opinion for the Court filed by Circuit Judge EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

In this case, we review the District Court's dismissal of a suit to enjoin officials of the Department of Defense from implementing a mandatory urinalysis drug testing program for certain of their civilian employees, as well as the court's denial of the appellants' motion for a preliminary injunction, 640 F.Supp. 642. At this stage,...

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