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RADCLIFFE v. RAINBOW CONST. CO.

Nos. 99-15020, 99-17151.

254 F.3d 772 (2001)

Richard Robert RADCLIFFE; Charles Melvin Taylor; Andrew Slivka, Jr.; Jay Streets, Plaintiffs-Appellants, v. RAINBOW CONSTRUCTION COMPANY, a partnership; Peter A. Richardson; Douglas V. Anderson; Clifford Michael McClure; Melon L. Chichester; James W. Lambert; Christian Hans Weissleder; Ukiah Unified School District; Jack Daniels, individually in his personal capacity, and as Assistant Superintendent of Schools and Consultant to the Ukiah Unified School District, Defendants-Appellees. Richard Robert Radcliffe; Charles Melvin Taylor; Andrew Slivka, Jr.; Jay Streets, Plaintiffs-Appellants, v. Rainbow Construction Company, a partnership; Peter A. Richardson; Douglas V. Anderson; Clifford Michael McClure; Melon L. Chichester; James W. Lambert; Christian Hans Weissleder; Mendocino County; Susan Massini, individually in her personal capacity; Allen F. Bazzani, individually in his personal capacity and as Manager of Building & Grounds of the County of Mendocino; Jack Daniels, individually in his personal capacity, and as Assistant Superintendent of Schools and Consultant to the Ukiah Unified School District, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 13, 2001.

Attorney(s) appearing for the Case

Sandra Rae Benson, Theodore Franklin, Amy D. Martin, Van Bourg, Weinberg, Roger & Rosenfeld, Oakland, California, for the plaintiffs-appellants.

Bradford K. Newman, Jeffer, Mangels, Butler & Marmaro, LLP, San Francisco, California; Jeanine B. Nadel, Deputy County Counsel, Ukiah, California; Richard W. Clopine, Halkides & Morgan, Redding, California, for the defendants-appellees.

Khin Mai Aung, Asian Law Caucus, San Francisco, CA, for the amici curiae.

Before: CANBY, REINHARDT, and FERNANDEZ, Circuit Judges.

Argued and Submitted July 13, 2000 — San Francisco, California.

Opinion by Judge CANBY; Partial Concurrence and Partial Dissent by Judge REINHARDT.

CANBY, Circuit Judge:

This appeal is an outgrowth of a dispute over the right of union representatives to visit the construction sites of a non-union general contractor in order to inspect for unsafe conditions or violations of prevailing wage policies applicable to governmental construction contracts...

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