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WAGNER v. PROFESSIONAL ENG'RS IN CAL. GOV'T

Nos. 02-16397, 02-16461.

354 F.3d 1036 (2004)

J. Richard WAGNER and Kristin Schwall, on behalf of themselves and all others similarly situated, Plaintiffs-Appellees/Cross-Appellants, v. PROFESSIONAL ENGINEERS IN CALIFORNIA GOVERNMENT, Defendant-Appellant/Cross-Appellee, and Kathleen Connell, State Controller, in her official capacity only, Defendant.

United States Court of Appeals, Ninth Circuit.

Filed January 14, 2004.

Attorney(s) appearing for the Case

Jeffrey B. Demain, Altshuler, Berzon, Nussbaum, Rubin & Demain, San Francisco, CA, for the defendant-appellant/cross-appellee.

Mark J. Beutler, National Right to Work Legal Defense Foundation, Inc., Springfield, VA, for the plaintiffs-appellees/cross-appellants.

Before: GRABER, WARDLAW, and CLIFTON, Circuit Judges.

GRABER, Circuit Judge.

Defendant Professional Engineers in California Government ("PECG") is the exclusive bargaining agent for a unit of California state employees and has entered into a collective-bargaining agreement with the state. The agreement contains a union security clause. Plaintiffs are engineers who are members of the bargaining unit but nonmembers of PECG. As such, they are obligated to pay "fair-share" fees.

Plaintiffs allege (1) that PECG failed...

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