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YELLOW FREIGHT SYSTEM, INC. v. AMESTOY

Civ. A. No. 88-160.

736 F.Supp. 44 (1990)

YELLOW FREIGHT SYSTEM, INC. v. Jeffrey L. AMESTOY, Attorney General of the State of Vermont. Jeffrey L. AMESTOY, Attorney General of the State of Vermont v. YELLOW FREIGHT SYSTEM, INC.

United States District Court, D. Vermont.

April 25, 1990.

Attorney(s) appearing for the Case

Jeffrey Ivan Pasek, Cohen, Shapiro, Polisher, Shiekman & Cohen, Philadelphia, Pa., Martin K. Miller and John Kassel, Miller, Eggleston & Rosenberg, Burlington, Vt., and Ronald E. Sandhaus, Overland Park, Kan., for plaintiff.

Andrew MacLean, Asst. Atty. Gen., State of Vt., Montpelier, Vt., for defendant.

COFFRIN, District Judge.

Yellow Freight System, Inc. ("Yellow Freight") filed this action seeking declaratory and injunctive relief against the Attorney General of Vermont ("Defendant"). Defendant subsequently commenced an enforcement proceeding as a counterclaim against Yellow Freight. Yellow Freight requests that we declare the Vermont Drug Testing Act, Vt.Stat.Ann. tit. 21, § 511 et seq. (the "Act"), to be unconstitutional and preempted by federal law...

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