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UNITED FOOD & COMMERCIAL WORKERS UNION v. SOUTHWEST OHIO REGIONAL TRANSIT

No. 97-4126.

163 F.3d 341 (1998)

UNITED FOOD & COMMERCIAL WORKERS UNION, LOCAL 1099, et al., Plaintiffs-Appellees, v. SOUTHWEST OHIO REGIONAL TRANSIT AUTHORITY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 10, 1998.

Attorney(s) appearing for the Case

Robert B. Newman (argued and briefed), Newman & Meeks, Cincinnati, OH, for Plaintiffs-Appellees.

Richard M. Goehler (argued and briefed), Jill M. Vollman (briefed), Ana Maria Merico-Stephens (briefed), Frost & Jacobs, Cincinnati, OH, for Defendant-Appellant.

Before: WELLFORD, MOORE, and CLAY, Circuit Judges.

MOORE, J., delivered the opinion of the court, in which CLAY, J., joined.

WELLFORD, J. (pp. 364-65), delivered a separate opinion concurring in the result.

OPINION

MOORE, Circuit Judge.

The United Food and Commercial Workers Union, Local 1099 ("UFCW" or the "Union") challenges on First Amendment grounds the decision of the Southwest Ohio Regional Transit Authority ("SORTA"), a state agency, to reject...

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