Legal Opinion

Sam Costner v. United States James J. Donovan, Secretary of Labor, and Drew Lewis, Secretary of Transportation

Court of Appeals for the Eighth Circuit

Decided November 9, 1983No. 83-1282PublishedCited by 11 opinions

1Opinion of the Court

FAGG, Circuit Judge.

Sam Costner was terminated from his interstate truck driving job pursuant to a Department of Transportation regulation that prohibits persons with an established medical history or clinical diagnosis of epilepsy from driving trucks in interstate commerce. Costner brought this action claiming that the regulation as applied to him is overbroad and violates the equal protection component of the due process clause of the fifth amendment. Costner has not had a seizure for over twenty years and he has driven trucks in interstate commerce, without accident, for approximately…

2Cases cited10 opinions

  1. Dandridge v. WilliamsSupreme Court of the United States · 1970
  2. Massachusetts Board of Retirement v. MurgiaSupreme Court of the United States · 1976
  3. Vance v. BradleySupreme Court of the United States · 1979
  4. New York City Transit Authority v. BeazerSupreme Court of the United States · 1979
  5. William R. Jewson v. Mayo ClinicCourt of Appeals for the Eighth Circuit · 1982

5 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Owner-Operators Independent Drivers Ass'n of America, Inc. v. SkinnerCourt of Appeals for the Ninth Circuit · 1991
  2. Chalfy v. TuroffCourt of Appeals for the Second Circuit · 1986
  3. Chalfy v. TuroffCourt of Appeals for the Second Circuit · 1986
  4. In Re Appeal of StoberCommonwealth Court of Pennsylvania · 1988
  5. Holder v. GonzalesCourt of Appeals for the Eighth Circuit · 2007

6 more not listed; retrieve them via the Exa API.

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