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SWATERS v. U.S. DEPT. OF TRANSP

No. 14-1277.

826 F.3d 507 (2016)

Jeffrey SWATERS, Petitioner v. UNITED STATES DEPARTMENT OF TRANSPORTATION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 24, 2016.

Attorney(s) appearing for the Case

Tony B. Jobe , Madisonville, LA, argued the cause and filed the briefs for petitioner.

Lowell V. Sturgill Jr. , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Benjamin C. Mizer , Assistant Attorney General, Vincent H. Cohen, Jr. , Acting U.S. Attorney, Leonard Schaitman , Attorney, Paul M. Geier , Assistant General Counsel for Litigation, United States Department of Transportation, and Paula Lee , Trial Attorney.

Before: GARLAND, Chief Judge, ROGERS, Circuit Judge, and GINSBURG, Senior Circuit Judge.

Jeffrey Swaters, a former pilot with Spirit Airlines, challenges the Department of Transportation's refusal to consent to the release of the urine sample it says Swaters produced for a mandatory drug test. The sample, which tested positive for controlled substances, cost Swaters his job and his airman medical certificate...

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