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RUSHTON v. NEBRASKA PUBLIC POWER DIST.

No. CV86-L-308.

653 F.Supp. 1510 (1987)

Warren H. RUSHTON and David L. Lostroh, Plaintiffs, v. NEBRASKA PUBLIC POWER DISTRICT, Bernard M. DeLay, Don E. Schaufelberger, Gene D. Watson, Theodore Kyster, Lawrence G. Kuncl, Jay M. Pilant, Robert E. Wilbur, G.S. McClure, Defendants.

United States District Court, D. Nebraska.

February 23, 1987.

Attorney(s) appearing for the Case

Douglas Veith, Bellevue, Neb., for plaintiffs.

Fredric H. Kauffman and Shawn Renner, Lincoln, Neb., for defendants.

MEMORANDUM OF DECISION

URBOM, District Judge.

Trial was held from January 6, 1987, to January 13, 1987, to determine the constitutionality of the Nebraska Public Power District (NPPD) fitness for duty-drug/alcohol testing program as it applies to the plaintiffs. By agreement of the parties, this court will determine the validity of the initial program implemented on November 1, 1985, and the recent program outlined in NPG Directive 2.3. The new program is...

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