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DRAKE v. LABORATORY CORP. OF AMERICA HOLDINGS

Docket Nos. 05-0250-CV (L), 05-0252-CV (CON), 05-0560-CV(CON).

458 F.3d 48 (2006)

Richard W. DRAKE, Plaintiff-Appellee, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, Kevin Wilson, Dr. William H. Whaley and West Paces Ferry Medical Clinic, Defendants-Appellants. David J. Kuntz, Elsohly Laboratories, Inc., and Northwest Toxicology, Inc., Defendants.

United States Court of Appeals, Second Circuit.

Decided: July 19, 2006.

Attorney(s) appearing for the Case

Kevin McNulty, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C. (John J. Gibbons, Demestrios C. Batsides, Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C., Newark, NJ, D. Faye Caldwell, Caldwell & Clinton PLLC, Houston, TX, of counsel) Newark, NJ, for Defendants-Appellants Laboratory Corporation of America and Kevin Wilson.

Steven J. Fink, Orrick, Herrington, & Suttcliffe, LLP (Ira G. Rosenstein, Orrick, Herrington, & Suttcliffe, LLP, New York, NY, William H. Boice, Kilpatrick & Stockton LLP, Atlanta, GA, of counsel) New York, NY, for Defendants-Appellants William H. Whaley and West Paces Ferry Medical Clinic.

Samuel O. Maduegbuna, Maduegbuna Cooper, LLP (Kenechukwu C. Okoli, of counsel), New York, NY, for Plaintiff-Appellee Richard W. Drake.

Before CARDAMONE, LEVAL, and SACK, Circuit Judges.

SACK, Circuit Judge.

The plaintiff-appellee, Richard Drake, was terminated from his employment by Delta Air Lines in 1993 because airline officials thought he had failed a drug test required of him as an airline employee by federal law. Drake has asserted that some persons and entities involved in administering his drug test and disseminating the results violated the Fourth and Fourteenth Amendments to the United States Constitution and committed state common-law...

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