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OIL CHEMICAL AND ATOMIC WORKERS v. SKINNER

No. C-89-0172-DLJ.

724 F.Supp. 1264 (1989)

OIL CHEMICAL AND ATOMIC WORKERS, et al., Plaintiffs, v. Samuel K. SKINNER, Secretary of Transportation, Department of Transportation, Research and Special Programs Administration and Federal Highway Administration, Defendants.

United States District Court, N.D. California.

May 9, 1989.

Attorney(s) appearing for the Case

Robert W. Hirsch and W. Daniel Boone, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, Cal., and Thomas Feldman and John McKendree of McKendree, Toll & Mares, Denver, Colo., for plaintiffs.

Brian Kennedy, U.S. Dept. of Justice, Washington, D.C., for defendants.

ORDER

JENSEN, District Judge.

On April 28, 1989, this Court heard defendant's motion to dismiss for lack of subject matter jurisdiction. Brian Kennedy appeared for defendants. Robert Hirsch and Thomas Feldman appeared for plaintiffs.

Plaintiffs challenge the validity of regulations issued, on November 21, 1988, by the Research and Special Programs Administration (RSPA) and the Federal Highway Administration (FHWA), imposing suspicionless, mandatory...

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