Charles V. ABATE, Jr., et al., Plaintiffs-Appellants,
v.
SOUTHERN PACIFIC TRANSPORTATION COMPANY, et al., Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
June 15, 1993.
June 15, 1993.
Attorney(s) appearing for the Case
Sheldon E. Bernstein, Lawrence M. Mann, Alper & Mann, Washington, DC, Louis L. Robein, Jr., Metairie, LA, for plaintiffs-appellants.
Raymond J. Salassi, Jr., Richard J. Tyler, Judith V. Windhorst, H. Mark Adams, Jones Walker, Waechter, Poitevent, Carrère & Denègre, New Orleans, LA, for Southern Pacific Trans.
Michael R. O'Keefe, III, Benjamin Richard Slater, Jr., Monroe & LeMann, New Orleans, LA, for Alton Ochsner Medical Foundation.
Richard A. Olderman, Leonard Schaitman, Dept. of Justice, Civil Div., Washington, DC, for Federal R.R. Administration.
Before POLITZ, Chief Judge, WISDOM, and WIENER, Circuit Judges.
United States Court of Appeals, Fifth Circuit.
WISDOM, Circuit Judge:
Seven railroad employees1 instituted this action alleging their employer violated their constitutional rights guaranteed by the fourth amendment by the manner in which the employer implemented its mandatory random drug testing program. Because the railroad was acting as an agent for the federal government in testing them, the plaintiffs seek damages under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics...
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