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BROTH. OF LOCOMOTIVE ENG. v. BURLINGTON NORTHERN RAILROAD

No. CV-85-055-GF.

620 F.Supp. 173 (1985)

BROTHERHOOD OF LOCOMOTIVE ENGINEERS, Plaintiff, v. BURLINGTON NORTHERN RAILROAD COMPANY, Defendants.

United States District Court, D. Montana, Great Falls Division.

July 31, 1985.

Attorney(s) appearing for the Case

Benjamin Hilley, Hilley & Loring, Great Falls, Mont., Joseph E. Prekop, Harold A. Ross, Ross & Kraushaar Co., Cleveland, Ohio, for plaintiff.

Alexander Blewett, III, Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendants.

MEMORANDUM AND ORDER

HATFIELD, District Judge.

The plaintiff, Brotherhood of Locomotive Engineers ("Brotherhood"), instituted the present action for declaratory and injunctive relief, to enjoin the defendant, Burlington Northern Railroad Company ("BN"), from subjecting members of the Brotherhood to urine-testing, designed to curtail the "on-duty" use of alcohol and other intoxicating substances by employees, as forbidden by a safety rule of the BN. The action...

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