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PASTERNACK v. LABORATORY CORP. OF AMERICA HOLDINGS

Docket No. 14-4101-cv.

807 F.3d 14 (2015)

Doctor Fred L. PASTERNACK, Plaintiff-Appellant, v. LABORATORY CORPORATION OF AMERICA HOLDINGS, aka LabCorp, ChoicePoint, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: November 17, 2015.

Amended: November 23, 2015.

Attorney(s) appearing for the Case

Cynthia S. Arato ( Daniel J. O'Neill , on the brief), Shapiro, Arato & Isserles LLP, N.Y., New York, for Plaintiff-Appellant.

Robert I. Steiner ( Sean R. Flanagan , on the brief), Kelley Drye & Warren, LLP, New York, N.Y., for Defendant-Appellee Laboratory Corporation of America Holdings.

Frederick T. Smith , Seyfarth Shaw LLP, Atlanta, GA, for Defendant-Appellee LexisNexis Occupational Health Solutions Inc. (formerly ChoicePoint, Inc.).

Before: WESLEY, HALL, and CHIN, Circuit Judges.

In this case, plaintiff-appellant Fred Pasternack, a physician and airplane pilot, was required to submit to a random drug test in accordance with federal regulations governing aviation safety. He contends that defendants-appellees Laboratory Corporation of America Holdings ("LabCorp") and ChoicePoint, Inc. ("ChoicePoint"),...

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