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NAT. AIR TRAFFIC CONTROLLERS v. BURNLEY

Civ. No. C-88-2028 JPV.

700 F.Supp. 1043 (1988)

NATIONAL AIR TRAFFIC CONTROLLERS ASSOCIATION, MEBA/MNU, AFL-CIO, David Thomas Bottini, Mark Paralitici and Karl Gundmann, Plaintiffs, v. James H. BURNLEY, IV, Secretary, U.S. Department of Transportation, and T. Allan McArtor, Administrator, Federal Aviation Administration, Defendants.

United States District Court, N.D. California.

November 17, 1988.

Attorney(s) appearing for the Case

Duane B. Beeson, Beeson, Tayer & Silbert, Alan Brotsky, San Francisco, Cal., William W. Osborne, Jr., John R. Mooney, Beins, Axelrod & Osborne, P.C., Washington, D.C., for plaintiffs.

John R. Bolton, Asst. Atty. Gen., Robert J. Cynkar, Deputy Asst. Atty. Gen., Mary E. Goetten, Brian G. Kennedy, Atty., Dept. of Justice, Civil Div., Washington, D.C., Joseph P. Russoniello, U.S. Atty., Judith A. Whetstine, Asst. U.S. Atty., Chief, Civil Div., George Christopher Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendants.

ORDER

VUKASIN, District Judge.

In this action the plaintiff union and three of its members challenge a program for urinalysis drug testing of air traffic controllers where there is reason to believe that the employee contributed to the cause of an accident or incident.1 The matter came before the Court on defendants' motion to dismiss for lack of venue and on cross-motions for summary judgment on the merits. For the reasons stated...

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