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CORNISH v. BLAKEY

No. 02-2912.

336 F.3d 749 (2003)

Barry M. CORNISH, Petitioner, v. Marion C. BLAKEY, Administrator of the Federal Aviation Administration, et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: July 18, 2003.

Attorney(s) appearing for the Case

Christopher W. Byrd, argued, Kansas City, MO, for petitioner.

Lowell V. Sturgill, Jr., USDOJ, argued, Civil Division, Washington, DC (Leonard Schaitman, USDOJ, on the brief), for appellee.

Before LOKEN, RILEY, and SMITH, Circuit Judges.

LOKEN, Chief Judge.

The Federal Aviation Administration (FAA) issued an aircraft mechanic certificate to Barry Cornish. See 14 C.F.R. pt. 65, subp. D. Cornish submitted a urine specimen for the random drug testing required of "safety-sensitive" employees of regulated air carriers. See 49 U.S.C. § 45102(a); 14 C.F.R. § 121.457(a); 14 C.F.R. pt. 121, app. I, §§ III(E), V. The testing laboratory found the specimen adulterated. The FAA...

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