United States DC Circuit

A flight attendant's request, for documents from the FAA pertaining to its investigation of an airline's conducting a random drug test, was moot where an FAA regulation (49 C.F.R. section 40.37) did not apply to documents not received.

Appellate Information

• Argued 05/03/2002
• Decided 05/31/2002
• Published 05/31/2002

Judges

• Before:  EDWARDS, HENDERSON, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Andrew Dunlap, Student Counsel, argued the cause as amicus curiae in support of appellant.   With him on the briefs were Steven H. Goldblatt, Director of the Appellate Litigation Program, Georgetown University Law Center, appointed by the court as amicus curiae, Wendy M. Marantz, Supervising Attorney, and Kristina Marlow, Student Counsel., Richard Drake appearing pro se, was on the briefs for appellant.


• For Appellees:
  
• Madelyn E. Johnson, Assistant U.S. Attorney, argued the cause for appellee.   With her on the brief were Roscoe C. Howard, Jr., U.S. Attorney, and R. Craig Lawrence, Assistant U.S. Attorney.  Christy A. Slamowitz, Assistant U.S. Attorney, entered an appearance.