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FRENCH v. PAN AM EXP., INC.

No. 88-1450.

869 F.2d 1 (1989)

Timothy FRENCH, Plaintiff, Appellant, v. PAN AM EXPRESS, INC., Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Amato A. DeLuca with whom Sandra A. Blanding and Revens & DeLuca, Warwick, R.I., were on brief, for plaintiff, appellant.

Lise M. Iwon and Laurence & Iwon, Wakefield, R.I., on brief, for Rhode Island Affiliate of American Civil Liberties Union, amicus curiae.

Julius C. Michaelson, Providence, R.I., for defendant, appellee.

Before COFFIN, BOWNES and SELYA, Circuit Judges.

SELYA, Circuit Judge.

In this case, the United States District Court for the District of Rhode Island granted the motion of defendant Pan Am Express, Inc. (Pan Am) for judgment on the pleadings. Fed.R.Civ.P. 12(c), 56. The sole issue presented on appeal is whether a state statute regulating the circumstances under which employers may require workers to submit to drug testing can fly in the face of the Federal Aviation Act (Act), 49 U.S.C. § 1301 et seq.

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