EDITH H. JONES, Circuit Judge:
Appellants, six railroad employees and two of their unions, sought to assert an implied private right of action under the Federal Railroad Safety Act (FRSA), 45 U.S.C. §§ 421-445, and the implementing regulations governing federally-mandated drug-testing programs. Appellants sought both injunctive relief and compensatory and punitive damages. The district court ruled that the FRSA did not afford appellants a private right of...
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