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AMERICAN FEDERATION OF GOVT. EMPLOYEES, AFL-CIO, LOCAL 2391 v. MARTIN

No. 91-15829.

969 F.2d 788 (1992)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES, AFL-CIO, LOCAL 2391, (AFGE); American Federation National Council of Field Labor Locals; Anne F. Johnson; Jaime A. Alvarez, Plaintiffs-Appellees, v. Lynn A. MARTIN, Secretary of the United States Department of Labor; David J. Park; Jesus Ramos, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided July 7, 1992.

Attorney(s) appearing for the Case

E. Roy Hawkens, U.S. Dept. of Justice, Washington, D.C., for defendants-appellants.

Joe Goldberg, American Federation of Government Employees, Washington, D.C., for plaintiffs-appellees.

Before: BROWNING, PREGERSON, and RYMER, Circuit Judges.

PREGERSON, Circuit Judge:

The United States Department of Labor ("DOL") appeals the district court's order granting partial summary judgment for the American Federation of Government Employees, its subordinate labor unions, and two individual DOL employees (collectively "AFGE"). AFGE filed suit in the district court seeking to enjoin the DOL from conducting random drug testing, reasonable suspicion drug testing, and accident or unsafe practice drug testing. The suit...

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