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BELDE v. FERGUSON ENTERPRISES, INC.

No. 05-3831.

460 F.3d 976 (2006)

Richard S. BELDE, Plaintiff-Appellant, v. FERGUSON ENTERPRISES, INC., Defendant-Appellee. Minnesota Transport Services Association, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: August 18, 2006.

Attorney(s) appearing for the Case

Cory D. Olson, Student Attorney, University of Minnesota Law Clinics (Prentiss Cox, Supervising Attorney, University of Minnesota Civil Practice Clinic, Minneapolis, MN, on the brief), for appellant.

Thomas J. Conley of Minneapolis, MN (Elizabeth A. Papacek, on the brief), for appellee.

Before LOKEN, Chief Judge, BOWMAN and BYE, Circuit Judges.

LOKEN, Chief Judge.

The Federal Omnibus Transportation Employee Testing Act of 1991 ("FOTETA"), Pub.L. No. 102-143, tit. V, 105 Stat. 917, directed the Secretary of Transportation to promulgate regulations requiring random drug and alcohol testing of commercial vehicle drivers. See 49 U.S.C. § 31306(b)(1)(A); 49 C.F.R. § 382.305(a). Ferguson Enterprises, Inc., terminated Richard Belde in April 2004 when he refused to submit to a federally mandated...

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