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OWNER-OPERATORS INDEP. DRIVERS ASS'N v. BURNLEY

No. C-88-4547 MHP.

705 F.Supp. 481 (1989)

OWNER-OPERATORS INDEPENDENT DRIVERS ASSOCIATION OF AMERICA, INC., a corporation, and Michael York, an individual, Plaintiffs, v. James H. BURNLEY, Secretary of Transportation, and United States Department of Transportation, Federal Highway Administration, Defendants.

United States District Court, N.D. California.

January 6, 1989.

Attorney(s) appearing for the Case

Jeffrey W. King, K. Michael O'Connell, Daniel J. Harrold, Collier, Shannon, Rill & Scott, Washington, D.C., Michael F. Healy, Michael G. Ornstil, William P. Keane, Sedgwick, Detert, Moran & Arnold, San Francisco, Cal., for plaintiffs.

John R. Bolton, Asst. Atty. Gen., Mary E. Goetten, Brian G. Kennedy, Attys., Dept. of Justice, Civ. Div., Washington, D.C., Joseph P. Russoniello, U.S. Atty., George Christopher Stoll, Asst. U.S. Atty., San Francisco, Cal., for defendants.

MEMORANDUM AND ORDER

PATEL, District Judge.

Fed.R.Civ.P. 65(a)

Plaintiffs, an association of independent owner-operators of motor vehicles and an individual owner-operator, Michael York, seek a preliminary injunction pursuant to 28 U.S.C. § 2202 and Federal Rule of Civil Procedure 65(a) which would prevent the Secretary of Transportation and other government officials from implementing regulations requiring drug testing of drivers of commercial...

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