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AMERICAN FED. OF GOV. EMP. v. ROBERTS

No. 92-16298.

9 F.3d 1464 (1993)

AMERICAN FEDERATION of GOVERNMENT EMPLOYEES, AFL-CIO; Benita Mays; American Federation of Government Employees, AFL-CIO (AFGE), Plaintiffs-Appellees, v. Rob ROBERTS, Warden; Michael Quinlan; Janet Reno, Attorney General of the United States, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided November 30, 1993.

Attorney(s) appearing for the Case

Lowell Sturgill, Asst. Atty. Gen., U.S. Dept. of Justice, Washington, DC, for defendants-appellants.

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

Before: CHOY, CANBY, and NOONAN, Circuit Judges.

NOONAN, Circuit Judge:

The Attorney General and the Federal Bureau of Prisons (collectively the Bureau) appeal a permanent injunction of the district court against the Bureau's drug testing program. We reverse in part and remand.

BACKGROUND

By executive order of September 15, 1986, the President of the United States directed each agency in the Executive Branch to establish a program to test employees in sensitive positions for the use of illegal...

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