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ALABAMA EDUC. ASS'N v. CHAO

No. 05-5218.

455 F.3d 386 (2006)

ALABAMA EDUCATION ASSOCIATION, et al., Appellees v. Elaine L. CHAO, In her official capacity as Secretary of the United States Department of Labor, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 1, 2006.

Attorney(s) appearing for the Case

Stephanie R. Marcus, Attorney, U.S. Department of Justice, argued the cause for appellant. With her on the briefs were Peter D. Keisler, Assistant Attorney General, Gregory G. Katsas, Deputy Assistant Attorney General, Kenneth L. Wainstein, U.S. Attorney, Michael J. Singer, Attorney, and Mark S. Flynn, Counsel, U.S. Department of Labor. Michael J. Ryan, Oliver W. McDaniel, and R. Craig Lawrence, Assistant U.S. Attorneys, entered appearances.

Nathan Paul Mehrens was on the brief for amici curiae Stop Union Political Abuse, Inc. and U.S. Union Watch, Inc. in support of appellant at the time the brief was filed. Roger Clegg entered an appearance.

Andrew D. Roth argued the cause for appellees Alabama Education Association, et al. With him on the brief were Laurence Gold, and Robert H. Chanin.

David J. Strom and Teresa J. Idris were on the brief for appellees Delaware Federation of Teachers, et al.

Before: GINSBURG, Chief Judge, and ROGERS and GARLAND, Circuit Judges.

Opinion for the Court filed by Chief Judge GINSBURG.

GINSBURG, Chief Judge.

The Secretary of Labor appeals the decision of the district court granting summary judgment in favor of the Alabama Education Association, the Delaware Federation of Teachers, and 37 like organizations representing public sector employees, primarily public school teachers. After holding fast to one reading of § 3(j)(5) of the Labor-Management Reporting and Disclosure Act of 1959...

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