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WILLNER v. THORNBURGH

No. 90-5156.

928 F.2d 1185 (1991)

Carl WILLNER, Appellee, v. Richard L. THORNBURGH, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided March 29, 1991.

Attorney(s) appearing for the Case

Stephen H. Sachs, Baltimore, Md., with whom Stephen M. Cutler and Gail C. Bernstein, Arthur B. Spitzer and Elizabeth Symonds, Washington, D.C., were on the brief, for appellee.

Robert V. Zener, Atty., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., and Jay B. Stephens, Washington, D.C., U.S. Atty., were on the brief, for appellants.

Before SILBERMAN, HENDERSON and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge HENDERSON.

RANDOLPH, Circuit Judge:

This appeal adds to the list of constitutional challenges to federal drug-testing programs established pursuant to Executive Order No. 12,564, 51 Fed.Reg. 32,889 (1986). Since the Supreme Court's decision in National Treasury Employees Union v. Von Raab, 489 U.S. 656, 109 S.Ct. 1384...

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