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PLANE v. U.S.

No. 1:90:CV:300.

796 F.Supp. 1070 (1992)

James L. PLANE, and all other similarly situated Employees of the Defense Logistics Agency Located at Battle Creek, Michigan, Local 1626 American Federation of Government Employees, and all other similarly situated Employees of the Defense Logistics Agency Located at Battle Creek, Michigan, and Al Digennaro, and all other similarly situated Employees of the Defense Logistics Agency Located at Battle Creek, Michigan, Plaintiffs, v. UNITED STATES of America, Defense Logistics Agency, Defense Logistics Service Center, Richard Cheney, Secretary to the Department of Defense, and George M. Koburnus, Colonel, United States Air Force Commanding Officer, Defendants.

United States District Court, W.D. Michigan.

June 18, 1992.

Attorney(s) appearing for the Case

Michael L. Fayette, Pinsky, Smith, Fayette & Hulswit, Grand Rapids, Mich., Steven Z. Cohen, Cohen & Ellias, Birmingham, Mich., Joe Goldberg, Asst. Gen. Counsel, Alexia McCaskill, American Federation of Government Employees, AFL-CIO, General Counsels Office, Washington, D.C., for plaintiffs.

Agnes M. Kempker-Cloyd, U.S. Asst. Atty., John A. Smietanka, U.S. Atty., Grand Rapids, Mich., Theodore R. Pixley, Jr., Defense Reutilization & Marketing Service, Battle Creek, Mich., Stuart M. Gerson, Mary E. Goetten, Mary E. Magee, U.S. Dept. of Justice, Civ. Div., Federal Programs Branch, Washington, D.C., for defendants.

OPINION

ENSLEN, District Judge.

This matter is before the Court on defendants' and plaintiffs' cross motions for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

Plaintiffs, American Federation of Government Employees, AFL-CIO, ("AFGE") and its affiliates, on behalf of all AFGE bargaining unit civilian employees of defendant, Defense Logistics Agency ("DLA"), request this Court to declare that the mandatory random urinalysis...

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