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RAILWAY LABOR EXECUTIVES' ASSOC. v. SKINNER

No. 89-16571.

934 F.2d 1096 (1991)

RAILWAY LABOR EXECUTIVES' ASSOC.; Brotherhood of Locomotive, et al., Plaintiffs-Appellants, v. Samuel K. SKINNER; John H. Riley, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Deferred May 1, 1990.

Resubmitted June 6, 1991.

Decided June 11, 1991.

Attorney(s) appearing for the Case

Lawrence M. Mann, Alper & Mann, Washington, D.C., for plaintiffs-appellants.

Lowell V. Sturgill, Jr., Civil Div., U.S. Dept. of Justice, Washington, D.C., for defendants-appellees.

Before BEEZER, KOZINSKI and O'SCANNLAIN, Circuit Judges.

BEEZER, Circuit Judge:

The Railway Labor Executives' Association ("RLEA") appeals the district court's order granting summary judgment to the Secretary of Transportation. RLEA argues that the Federal Railroad Administration's ("FRA") recently promulgated random drug testing regulations, 49 C.F.R. §§ 219.601-605 (1989), require unreasonable searches in violation of the fourth amendment. It also maintains that the new regulations violate the separation of...

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