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WESSEL v. CITY OF ALBUQUERQUE

Nos. 01-2155, 01-2168.

299 F.3d 1186 (2002)

Rory A. WESSEL; Donald Scott; Frank Parra; Walter K. Newton; Paulette Mora Gonzales; Mark C. Mora; Janine Lavigne; Raymond Largo, Sr.; Mark A. Garcia; Rudy Archuleta, Jr.; Jerry Anaya; Sam Aguilar; Rueben Lucero, and all others similarly situated, Plaintiffs-Appellants/Cross-Appellees, v. CITY OF ALBUQUERQUE; Jim Baca, Mayor, City of Albuquerque; Peggy Hardwick, Director Employee Relations, City of Albuquerque; Local 624 American Federation of State, County & Municipal Employees, AFL-CIO, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Tenth Circuit.

August 13, 2002.

Attorney(s) appearing for the Case

Raymond J. LaJeunesse, Jr., National Right to Work Legal Defense Foundation, Inc., Springfield, VA (Robert L. Pidcock, Albuquerque, NM, with him on the briefs), for Appellants/Cross-Appellees.

Jeremiah A. Collins of Bredhoff & Kaiser, P.L.L.C., Washington, DC (Robert Alexander of Bredhoff & Kaiser, P.L.L.C., Washington, DC; Jerry Todd Wertheim of Jones Sneed Wertheim Wentworth & Jaramillo, PA, Santa Fe, NM; and Robert F. Tinnin and Thomas J. McBride of Hinkle Hensley Shanor & Martin, LLP, Albuquerque, NM, with him on the briefs), for Appellees/Cross-Appellants.

Before EBEL and McKAY, Circuit Judges, and SAM, Senior District Judge.

McKAY, Circuit Judge, delivering the opinion of the court** as to Issues 1-5.

Thirteen non-union members brought this 42 U.S.C. § 1983 action against the City of Albuquerque alleging that the City violated their First Amendment rights through the compulsory deduction of union fair share fees from their wages. The nonmembers filed this action in the United States District Court for the District of New Mexico seeking a declaratory judgment...

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