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DIXON v. DEPARTMENT OF TRANSP., F.A.A.

No. 92-3478.

8 F.3d 798 (1993)

David L. DIXON, Petitioner, v. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, Federal Circuit.

October 26, 1993.

Attorney(s) appearing for the Case

Donald L. Kohl, Shea & Kohl, St. Charles, MO, argued, for petitioner.

Robert J. Krask, Dept. of Justice, Washington, DC, argued, for respondent. Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Thomas W. Petersen, Asst. Director, and Ellen M. McElligott, Commercial Litigation Branch, Dept. of Justice, Washington, DC, were on the brief, for respondent.

Before NEWMAN, RADER and SCHALL, Circuit Judges.

SCHALL, Circuit Judge.

Petitioner David L. Dixon petitions for review of an arbitrator's award denying his grievance that he was improperly removed from his position with the Department of Transportation's ("DOT's") Federal Aviation Administration ("agency") for having altered, adulterated, or substituted a urine sample during a random drug test.1 Because we conclude that the arbitrator's award is not supported by substantial evidence...

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