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DRAKE v. F.A.A.

No. 00-5329.

291 F.3d 59 (2002)

Richard DRAKE, Appellant v. FEDERAL AVIATION ADMINISTRATION, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided May 31, 2002.

Rehearing Denied July 22, 2002.

Attorney(s) appearing for the Case

Andrew Dunlap, Student Counsel, argued the cause as amicus curiae in support of appellant. With him on the briefs were Steven H. Goldblatt, Director of the Appellate Litigation Program, Georgetown University Law Center, appointed by the court as amicus curiae, Wendy M. Marantz, Supervising Attorney, and Kristina Marlow, Student Counsel.

Richard Drake appearing pro se, was on the briefs for appellant.

Madelyn E. Johnson, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney. Christy A. Slamowitz, Assistant U.S. Attorney, entered an appearance.

Before: EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Rehearing En Banc Denied July 22, 2002.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

This appeal arises from the District Court's dismissal of appellant Richard Drake's action against the Federal Aviation Agency ("FAA"). Drake believes that Delta Airlines infringed his legal rights when it processed a random drug test that Drake was required to take by virtue of his flight attendant position. Drake...

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