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LIPSCOMB v. FEDERAL LABOR RELATIONS AUTHORITY

No. 02-60060.

333 F.3d 611 (2003)

James H. LIPSCOMB, III, Major General, in his official capacity as the Adjutant General of the State of Mississippi, of the Militia, of the Mississippi National Guard, and as the Executive Head of the Mississippi Military Department; Mississippi Militia; Mississippi National Guard; Mississippi Military Department, Plaintiffs-Appellants, v. FEDERAL LABOR RELATIONS AUTHORITY, Nancy Speight, in her official capacity as Regional Director of the Federal Labor Relations Authority, Atlanta Region; Linda J. Norwood, in her former official capacity as Acting Regional Director of the Federal Labor Relations Authority, Atlanta Region, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 24, 2003.

Attorney(s) appearing for the Case

Emerson Barney Robinson, III (argued), Jeffrey A. Walker, Butler, Snow, O'Mara, Stevens & Cannada, Tom Hunt Cole, Jr, Jackson, MS, for Plaintiffs-Appellants.

David M. Smith, Sol., William E. Persina (argued), William R. Tobey, Fed. Labor Relations Authority, Washington, DC, for Defendants-Appellees.

Before JOLLY, DUHÉ, and WIENER, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

This appeal involves the efforts of the Association of Civilian Technicians ("ACT"), a labor union, to conduct a representation election among the Mississippi Army National Guard civilian technicians. Adjutant General Lipscomb in his official capacity as head of the Mississippi National Guard ("MSNG"), the Mississippi Militia, and the Mississippi Military Department (along with the entities themselves) (collectively, "Lipscomb"), brought...

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