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STATE OF MINNESOTA IN COURT OF APPEALS A10-922 Kevin Williams, et al., Appellants, vs. The National Football League, Respondent. Filed February 8, 2011 Affirmed Connolly, Judge Hennepin County District Court File No. 27-CV-08-29778

Steven E. Rau, Flynn & Gaskins, PLLP, Minneapolis, Minnesota; and Peter R. Ginsberg (pro hac vice), Ginsberg & Burgos PLLC, New York, New York (for appellants) Peter D. Gray, Nilan Johnson Lewis P.A., Minneapolis, Minnesota; and Daniel L. Nash (pro hac vice), Akin Gump Strauss Hauer & Feld LLP, Washington, D.C. (for respondent)

Considered and decided by Halbrooks, Presiding Judge; Klaphake, Judge; and Connolly, Judge. SYLLABUS 1. On appeal from an order denying permanent injunctive relief, when appeal

is not also taken from final judgment, this courts scope of review is limited and

encompasses the merits of the underlying claims only to the extent necessary to review challenges to the injunction. 2. Because the definition of "drug" in the Drug and Alcohol Testing in the

Workplace Act (DATWA) does not encompass bumetanide, testing done solely to detect the presence of bumetanide is not subject to DATWAs requirements. OPINION CONNOLLY, Judge This is an appeal from the district courts denial of permanent injunctive relief following a court trial of appellants claims under the Drug and Alcohol Testing in the Workplace Act (DATWA), Minn. Stat.

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