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BYRNE v. MASSACHUSETTS BAY TRANSP. AUTHORITY

No. CIV.A. 95-10837-GAO.

196 F.Supp.2d 77 (2002)

Paul BYRNE and Paul Macmillan, Individually, and in their official capacity as Presidents of the MBTA Police Patrol Officers' Association and the MBTA Police Sergeants' Association, respectively, Plaintiffs v. MASSACHUSETTS BAY TRANSPORTATION AUTHORITY, Defendant

United States District Court, D. Massachusetts.

April 18, 2002.

Attorney(s) appearing for the Case

John M. Becker, Sandulli, Grace, Shapiro, Horwitz & Davidson, Boston, MA, for Plaintiffs.

H. Reed Witherby, Smith & Duggan, Boston, MA, for Defendant.

MEMORANDUM AND ORDER

O'TOOLE, District Judge.

In 1991 Congress directed the Secretary of Transportation to prescribe regulations that would require recipients of federal mass transportation grants to conduct drug and alcohol testing of employees responsible for the performance of safety-sensitive functions. 49 U.S.C. § 5331(b) (Omnibus Transportation Employee Testing Act of 1991 ("OTETA"), Pub.L. No. 102-143, § 6, 105 Stat. 952). The Secretary...

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