CRONIN v. F.A.A.

Nos. 94-1308, 95-1054.

73 F.3d 1126 (1996)

Michael P. CRONIN, Petitioner v. FEDERAL AVIATION ADMINISTRATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 16, 1996.


Attorney(s) appearing for the Case

Martha L. Walfoort, argued the cause for petitioner Michael P. Cronin, with whom Edgar N. James, Washington, DC, was on the brief.

Suzanne L. Kalfus, argued the cause for petitioners and intervenors, with whom Jerry Anker, Arthur M. Luby, Edward J. Gilmartin, Edgar N. James, Martha L. Walfoort, Joseph Guerrieri, Jr. and Debra L. Willen were on the briefs. Judith A. Scott, Mark D. Schneider, Susan L. Catler, Gary Green and Marcus C. Migliore, Washington, DC, entered appearances.

Christine N. Kohl, Attorney, United States Department of Justice, argued the cause for respondents, with whom Frank W. Hunger, Assistant Attorney General, Leonard Schaitman, Attorney, Paul M. Geier, Assistant General Counsel, United States Department of Transportation, and Peter J. Plocki, Washington, DC, Attorney, were on the brief.

Before: EDWARDS, Chief Judge, BUCKLEY and WILLIAMS, Circuit Judges.


Opinion for the Court filed by Chief Judge EDWARDS.

HARRY T. EDWARDS, Chief Judge:

Pursuant to the directives of the Omnibus Transportation Employee Testing Act of 1991, 49 U.S.C.A. §§ 45101-45106 (1995) ("Act" or "Testing Act"), the Department of Transportation ("DOT") and the Federal Aviation Administration ("FAA") issued regulations establishing procedures under which air carriers are to test employees who perform safety-sensitive functions for...

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