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ANNAPOLIS v. UNITED FOOD

No. 38, September Term, 1989.

317 Md. 544 (1989)

565 A.2d 672

CITY OF ANNAPOLIS, ET AL. v. UNITED FOOD AND COMMERCIAL WORKERS, LOCAL 400, ET AL.

Court of Appeals of Maryland.

November 9, 1989.

Attorney(s) appearing for the Case

Jonathan A. Hodgson, City Atty. of Annapolis, for appellants/cross appellees.

William W. Thompson, II (Zwerdling, Paul, Leibig, Kahn, & Thompson, P.C., Washington, D.C., on brief), for appellees/cross appellants.

Jeffrey I. Silberman, Gordon, Feinblatt, Rothman, Hoffberger & Hollander, and Susan Goering, Baltimore, for American Civil Liberties Union of Maryland, Inc., amicus curiae.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.

MURPHY, Chief Judge.

This case involves a constitutional challenge to a mandatory, suspicionless post-employment drug testing program for police officers and fire fighters of the City of Annapolis.

I.

For some years prior to 1986, all persons seeking employment with the City were required to take a pre-employment physical examination, which included analysis of a urine specimen. Uniformed police and fire fighter personnel employed by the City were...

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