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COMMUNICATION WORKERS v. ECTOR COUNTY HOSP. DIST.

No. 03-50230.

392 F.3d 733 (2004)

COMMUNICATION WORKERS OF AMERICA; Urbano Herrera, Plaintiffs-Appellees, v. ECTOR COUNTY HOSPITAL DISTRICT, doing business as Medical Center Hospital; et al., Defendants, Ector County Hospital District, doing business as Medical Center Hospital, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 1, 2004.

Attorney(s) appearing for the Case

David A. Van Os (argued), Matthew G. Holder, David Van Os & Associates, San Antonio, TX, for Plaintiffs-Appellees.

William Stacy Trotter, William Everett Berry, Jr. (argued), Robert Eugene Motsenbocker, Shafer, Davis, Ashley, O'Leary & Stoker, Odessa, TX, for Defendant-Appellant.

Before GARWOOD, WIENER, and DeMOSS, Circuit Judges.

WIENER, Circuit Judge:

Appellee Urbano Herrera, a carpenter employed by the Ector County Hospital District (the "Hospital"), was disciplined by the Hospital after he wore a "Union Yes" lapel button in violation of the Hospital's dress code. Herrera brought suit under § 1983, claiming that the anti-adornment provision of the dress code policy violated his First Amendment rights. The district court granted a motion for judgment as a matter of law ("JMOL") filed...

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