Unpublished Dispositionamerican Federation of Government Employees, Afl-cio, Etal., Appellant, v. Ted Sanders, Acting Secretary of the Department Ofeducation, Appellee, 926 F.2d 1215 (D.C. Cir. 1991)

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U.S. Court of Appeals for the District of Columbia Circuit - 926 F.2d 1215 (D.C. Cir. 1991) March 15, 1991

Civil Action No. 89-00775; Joyce Hens Green, J.

D.D.C., 109 B.R. 527

AFFIRMED IN PART, VACATED AND REMANDED IN PART.

Before BUCKLEY, STEPHEN F. WILLIAMS and CLARENCE THOMAS, Circuit Judges.


JUDGMENT

Following NTEU v. Yeutter, 918 F.2d 968 (D.C. Cir. 1990), we summarily affirm the district court's judgment as it pertains to the constitutionality of random testing of motor vehicle operators whose duties include transporting passengers. We vacate the district court judgment in all other respects and remand the case for reconsideration consistent with Yeutter.

The Clerk is directed to withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing. See D.C. Cir. R. 15(b) (2).