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GONZALEZ v. METROPOLITAN TRANSP. AUTHORITY

No. 96-56808.

174 F.3d 1016 (1999)

S. Denise GONZALEZ, an individual; Ruben C. Gonzalez, an individual, Plaintiffs-Appellants, v. METROPOLITAN TRANSPORTATION AUTHORITY, a.k.a. Southern California Rapid Transit District; Joseph E. Drew, in his official capacity as present Chief Executive Officer/General Manager and as an individual; Franklin White, in his official capacity as past Chief Executive Officer/General Manager and as an individual; Ray Inge, in his official capacity as present Director of Human Resources and as an individual; Jerry Givens, in his official capacity as past Director of Human Resources and as an individual, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 14, 1999.

Attorney(s) appearing for the Case

James H. Fosbinder, Fosbinder & Fosbinder, Venice, California, for the plaintiffs-appellants.

Sharon G. Sanders, Deputy County Counsel, Office of the County Counsel, Los Angeles, California, for the defendants-appellees.

Before: BOOCHEVER and KLEINFELD, Circuit Judges, and TANNER, District Judge.

KLEINFELD, Circuit Judge:

This is a Constitutional challenge to random urine tests for bus dispatchers and instructors.

Facts.

This case was dismissed with prejudice on a Rule 12(b)(6) motion, so we evaluate the complaint de novo to decide whether it states a claim upon which relief could be granted, if the facts alleged were proved. Idaho Sporting Congress, Inc. v. United States Forest Service,...

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