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GUINEY v. ROACHE

No. 87-1219.

833 F.2d 1079 (1987)

Robert T. GUINEY, etc., Plaintiff, Appellant, v. Francis M. ROACHE, etc., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided December 2, 1987.

Attorney(s) appearing for the Case

Frank J. McGee with whom Steven M. Guiney and McGee & Phillips, Marshfield, Mass., were on brief, for plaintiff, appellant.

Marjorie Heins, Massachusetts Civil Liberties Union Foundation, Boston, Mass., and James Newman on brief for the Civil Liberties Union of Massachusetts, amicus curiae.

Robert Carty, Hyde Park, Mass., with whom Kevin S. McDermott and James F. Hart, Office of the Legal Advisor, Boston Police Department, Boston, Mass., were on brief, for defendant, appellee.

Before COFFIN, ALDRICH and TORRUELLA, Circuit Judges.

COFFIN, Circuit Judge.

Plaintiff brought an action challenging, on federal constitutional grounds, Boston Police Department Rule 111, which authorizes urinalysis drug testing of Department employees. After a trial on the merits, the district court decided sua sponte to abstain from the exercise of federal jurisdiction, on the authority of Railroad Comm'n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941)....

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