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HANTEN v. SCHOOL DIST. OF RIVERVIEW GARDENS

Nos. 98-2884, 98-2963.

183 F.3d 799 (1999)

David HANTEN, David Hunter, Kevin Lincoln, Gregory Zimont, K.C. Heating, Cooling and Sheet Metal, Inc., Appellants/Cross-Appellees, v. The SCHOOL DISTRICT OF RIVERVIEW GARDENS, Edward Evers, Michelle Gotthardt, David Holtgrefe, Richard Hunt, Kathy Kitchen, Michael Quinlan, Rudy Smith, Chris Wright, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: June 21, 1999.

Attorney(s) appearing for the Case

Bradley G. Kafka, St. Louis, MO, argued (David W. Harlan and Rebecca E. Walsh, on the brief), for Appellant.

Robert J. Tomaso, St. Louis, MO, argued (Bradley S. Hiles, Terry L. Potter and Randall S. Thompson, on the brief), for Appellee.

Before: BEAM and HANSEN, Circuit Judges, and KOPF, District Judge.

KOPF, Judge.

Does a school district's preference for union labor, expressed in construction bid specifications, violate the constitutional right of non-union employees to freely associate when the school district, in conformity with the preference, requires the successful contractor to engage a union-only subcontractor? We decide that such a preference and the conduct in conformity with that preference do not violate the right of non-union employees to freely associate...

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