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FOSTER v. MAHDESIAN

No. 00-15028.

268 F.3d 689 (2001)

Dianne FOSTER; D. Raymond Beasley; Howard W. Neely; Mark Albrecht; Barry Lee Parks; Sue Ann McPherson; Richard DiGiacomo; Marcia A. Hartman, Plaintiffs-Appellees, v. Joyce C. MAHDESIAN; Livermore Education Association; Mount Diablo Education Association; Fremont Unified District Teachers Association; Ukiah Teachers Association; New Haven Unified School District; Oak Grove Educators Association; East Side Teachers Association; Alameda Education Association; Livermore Valley Joint Unified School District; The Ukiah Unified School District; Local Union, Defendants, and Kim Logan, Superintendent; Joe Coto, Superintendent East Side Union High School District; Lorraine Garcy, in her official capacity as Superintendent, Board of Education, Livermore Valley Joint School District; Ruth McKenna, in her official capacity, Superintendent, Board of Education, New Haven Unified School District, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 15, 2001.

Amended November 5, 2001.

Attorney(s) appearing for the Case

Stephen P. Berzon, Jeffrey B. Demain, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, California, for the defendants-appellants.

Milton L. Chappell, Mark J. Beutler, Dylan B. Carp, National Right to Work Legal Defense Foundation, Inc., Springfield, Virginia, for the plaintiffs-appellees.

Before: Procter Hug, Jr. and Thomas G. Nelson, Circuit Judges, and Dean D. Pregerson, District Judge.

Argued and Submitted May 18, 2001 — San Francisco, California.

OPINION

DEAN D. PREGERSON, District Judge:

The question raised in this appeal is whether a public sector employer who deducts agency or "fair share" fees from a nonunion employee's paycheck may be held liable when the local union fails to provide the employee with the financial disclosure required by Chicago Teachers Union Local No. 1 v. Hudson, 475 U.S. 292...

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