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FRANK v. DELTA AIRLINES INC.

No. 01-11393.

314 F.3d 195 (2002)

Philip J. FRANK, Plaintiff-Appellee, v. DELTA AIRLINES INC.; et al., Defendants, Delta Airlines Inc., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 3, 2002.

Attorney(s) appearing for the Case

W.D. Masterson, Dorothy Elizabeth Masterson, Kilgore & Kilgore, Paul Rayford Smith (argued), Scott, Bowman & Stella, Dallas, TX, for Plaintiff-Appellee.

Stephen F. Fink (argued), Bryan Patrick Neal, Thompson & Knight, Dallas, TX, Andrew J. Fisher, Delta Air Lines, Hartsfield Atlanta Intern. Airport, Atlanta, GA, for Defendant-Appellant.

Before DAVIS, JONES and SMITH, Circuit Judges.

EDITH H. JONES, Circuit Judge:

BACKGROUND

Philip Frank worked for Delta Airlines, Inc. as an aircraft mechanic in Dallas, Texas. Upon being selected for a random drug test performed by LabOne, Inc. in February 2000, Frank produced a urine sample that contained traces of pyridine, a drug-masking agent. Delta interpreted Frank's adulterated sample as a "refusal to test," fired him, and reported his "refusal to test" to the Federal Aviation Administration ...

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