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LIVADAS v. AUBRY

No. 90-16650.

943 F.2d 1140 (1991)

Karen LIVADAS, Plaintiff-Appellee, v. Lloyd AUBRY, in his official capacity as Labor Commissioner for the State of California, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided September 11, 1991.

Attorney(s) appearing for the Case

H. Thomas Cadell, Jr., Chief Counsel, Div. of Labor Standards Enforcement, Dept. of Industrial Relations, San Francisco, Cal., for defendant-appellant.

Michael T. Anderson, Davis, Cowell & Bowe, San Francisco, Cal., for plaintiff-appellee.

Before ALARCON, KOZINSKI and RYMER, Circuit Judges.

RYMER, Circuit Judge:

Karen Livadas brought this action under 42 U.S.C. § 1983 against Lloyd Aubry, the Labor Commissioner of California (Commissioner). She argues that the Commissioner deprived her of her right under the National Labor Relations Act (NLRA) to bargain collectively because he denied her enforcement of certain sections of the California Labor Code based on his determination that adjudicating her dispute would concern the interpretation or application...

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