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BRANCH v. CITY OF MYRTLE BEACH

No. 2882.

332 S.C. 575 (1998)

505 S.E.2d 925

Larry G. BRANCH, II and James P. Phalen, Appellants, v. CITY OF MYRTLE BEACH, South Carolina, Lynwood Womack (in his capacity as Fire Chief of the City of Myrtle Beach), and Charles Molony Condon, ex rel. Attorney General of the State of South Carolina, Respondents.

Court of Appeals of South Carolina.

Decided August 31, 1998.

Rehearing Denied October 22, 1998.

Attorney(s) appearing for the Case

K. Douglas Thornton, of Thornton Law Firm, Georgetown; and Erick J. Genser and Kurt T. Rumsfeld, both of Mulholland & Hickey, Washington, DC, for appellants.

Julian H. Gignilliat and M. Richbourg Roberson, both of Gignilliat, Savitz & Bettis; and C. Havird Jones, Jr., Assistant Attorney General, Columbia, for respondents.

STILWELL, Judge:

Larry G. Branch, II and James P. Phalen, firefighters with the City of Myrtle Beach, brought this action for declarative and injunctive relief against the City and Fire Chief Lynwood Womack. Branch and Phalen claimed that a policy preventing supervisory firefighters from joining a labor organization whose membership includes lower-ranking employees violated South Carolina's right-to-work statute, S.C.Code Ann. §§ 41-7-10

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