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COMMUNICATIONS WORKERS OF AMERICA v. ECTOR COUNTY

No. 03-50230.

467 F.3d 427 (2006)

COMMUNICATIONS 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.

October 5, 2006.

Attorney(s) appearing for the Case

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

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

Before JONES, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, SMITH, WIENER, BARKSDALE, GARZA, DeMOSS, BENAVIDES, STEWART, DENNIS, CLEMENT, PRADO, and OWEN, Circuit Judges.

GARWOOD, Circuit Judge:

Defendant-appellant Ector County Hospital District, a political subdivision of the State of Texas which owns and operates the Medical Center Hospital in Odessa, Texas, appeals the district court's judgment in favor of plaintiffs-appellees Urbano Herrera, an employee of the Hospital, and Communications Workers of America, the union to which Herrera belongs. The district court ruled that the Hospital violated the First Amendment rights of Herrera...

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