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KERNS v. CHALFONT-NEW BRITAIN TP. JOINT SEWAGE

No. 00-1391.

263 F.3d 61 (2001)

Gregory KERNS, Appellant, v. CHALFONT-NEW BRITAIN TOWNSHIP JOINT SEWAGE AUTHORITY.

United States Court of Appeals, Third Circuit.

Filed August 3, 2001.

Attorney(s) appearing for the Case

Randal S. White (Argued), Fox, Rothschild, O'Brien & Frankel, Doylestown, PA, Counsel for Appellant.

Daniel J. Divis (Argued), Gerolamo, McNulty, Divis & Lewbart, Philadelphia, PA, Counsel for Appellee.

Before: SCIRICA, ROSENN and GIBSON, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal challenges the unwritten policy of a state regulated Sewage Authority to subject its superintendent to urinalysis drug testing. Gregory Kerns, the plaintiff, sought employment in 1997 as the superintendent of a waste-water treatment facility operated and maintained by the Chalfont-New Britain Township Joint Sewage Authority ("the Authority"). During his interview...

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