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OWNER-OPERATORS IND. DRIVERS ASS'N v. SKINNER

No. 89-16332.

931 F.2d 582 (1991)

OWNER-OPERATORS INDEPENDENT DRIVERS ASSOCIATION OF AMERICA, INC., a corporation; Michael York, an individual, Plaintiffs-Appellees, v. Samuel K. SKINNER, Secretary of Transportation; United States Department of Transportation, Federal Highway Administration, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided April 26, 1991.

Attorney(s) appearing for the Case

Robert Zener, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Jeffrey King, Collier, Shanno & Scott, Washington, D.C., for plaintiffs-appellees.

Before TANG, SKOPIL, and FLETCHER, Circuit Judges.

TANG, Circuit Judge:

Owner-Operators Independent Drivers Association of America and Michael York (collectively, "Owner-Operators"), filed a lawsuit in district court challenging, on constitutional and statutory grounds, certain drug-testing regulations promulgated by the Federal Highway Administration ("FHWA"). The Secretary of Transportation, Samuel Skinner, and the Federal Highway Administration of the United States Department of Transportation (collectively,

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