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AUBREY v. SCHOOL BD. OF LAFAYETTE PARISH

No. 95-30987.

92 F.3d 316 (1996)

Larry AUBREY, Plaintiff-Appellant, v. SCHOOL BOARD OF LAFAYETTE PARISH; Freedom Recovery Center, Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

August 22, 1996.

Attorney(s) appearing for the Case

Randall Scott Iles, Lafayette, LA, for plaintiff-appellant.

Andrew Holleman Meyers, L. Lane Roy, Preis, Kraft & Roy, Lafayette, LA, for School Board of Lafayette Parish, defendant-appellee.

Susan C. Severance, Gachassin & Hunter, Lafayette, LA, for Freedom Recovery Center, Inc., defendant-appellee.

Before BENAVIDES, STEWART and DENNIS, Circuit Judges.

STEWART, Circuit Judge:

Larry Aubrey ("Aubrey"), a custodian employed by the Lafayette Parish School Board ("Board"), claims that the District Court's grant of summary judgment to the Board was based on an erroneous finding that his position was "safety-sensitive" for purposes of random drug testing. We find that a number of issues of fact remained as to the promulgation of the drug testing policy and the actual duties that Aubrey performed, and thus the Board had...

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