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BROWN v. ALEXANDER

Nos. 81-5594 to 81-5596.

718 F.2d 1417 (1983)

Frank BROWN, Silas Upchurch and Rufus Turner, Residents of the United States and State of Tennessee and Local # 1308 of the American Federation of State, County and Municipal Employees; American Federation of State, County and Municipal Employees, Local # 2173, Plaintiffs-Appellants, Cross-Appellees, v. Lamar ALEXANDER, Governor of the State of Tennessee; Harold Bradley, Commissioner of Corrections for the State of Tennessee, and William Koch, Commissioner of the Department of Personnel for State of Tennessee, Defendants-Appellees, Cross-Appellants, Tennessee State Employees Association, Party Defendant Intervenor-Appellee, Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided October 6, 1983.

Rehearing and Rehearing Denied January 11, 1984.

Attorney(s) appearing for the Case

George E. Barrett, Michael J. Passino, Barrett & Ray, Nashville, Tenn., for plaintiffs-appellants, cross-appellees.

William M. Leech, Atty. Gen. of Tenn., Robert B. Littleton, Sp. Asst. Atty. Gen., Robert L. Ballow, R. Eddie Wayland, Nashville, Tenn., William P. Hutcheson, Chattanooga, Tenn., Charles Watson Cross (Tennessee State Empl. Assoc.), Cross, Stiles & Ozment, Nashville, Tenn., for defendants-appellees, cross-appellants.

Before MARTIN and WELLFORD, Circuit Judges, and GILMORE, District Judge.

Rehearing and Rehearing En Banc Denied January 11, 1984.

WELLFORD, Circuit Judge.

Three guards employed by the Tennessee State Prison at Nashville, Tennessee, and a labor union, of which they are members, Local 1308 of the American Federation of State, County and Municipal Employees (AFSCME), brought suit in the United States District Court for the Middle District of Tennessee in August of 1979 for both declaratory and injunctive relief, challenging in their...

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