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PRESCOTT v. COUNTY OF EL DORADO

No. 01-15913.

298 F.3d 844 (2002)

Steven PRESCOTT; Robert F. Berry; Cheryl L. Jones; Karen Pierce; Christine M. Turney, Plaintiffs-Appellants, v. COUNTY OF EL DORADO; Kathy Libicki; Local 1 El Dorado County Employees Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 1, 2002.

Attorney(s) appearing for the Case

Fred J. Hiestand, Sacramento, CA, for the defendants-appellees.

Stacey Leyton, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the amicus.

W. James Young, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, for the plaintiffs-appellants.

Before SCHROEDER, Chief Judge, B. FLETCHER and KOZINSKI, Circuit Judges.

OPINION

SCHROEDER, Chief Judge.

This case was before us previously, when we held, inter alia, that the plaintiffs lacked standing to challenge an indemnification provision in a collective bargaining agreement. Prescott v. County of El Dorado, 177 F.3d 1102, 1112(9th Cir.1999) (Prescott I). That provision requires the union to hold the employer harmless from any liability arising out of the collection of agency...

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