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AMERICAN FEDERATION OF GOVERNMENT v. STONE

No. 05-15206.

502 F.3d 1027 (2007)

AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 1; John Gavello, Plaintiffs-Appellants, v. David M. STONE; Transportation Security Administration; U.S. Department of Homeland Security; Kip Hawley, Administrator, Transportation Security Administration, Department of Homeland Security, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 5, 2007.

Attorney(s) appearing for the Case

Mark D. Roth, Joe Goldberg, Gony Frieder, American Federation of Government Employees AFL-CIO, Washington, DC, for the appellants.

William G. Kanter, Mark W. Pennak, U.S. Department of Justice, Washington, DC, for the appellees.

Before: A. WALLACE TASHIMA and W. FLETCHER, Circuit Judges, and H. RUSSEL HOLLAND, District Judge.

WILLIAM A. FLETCHER, Circuit Judge:

Plaintiffs-Appellants American Federation of Government Employees, Local 1 ("AFGE") and John Gavello appeal the district court's dismissal of their action against the Administrator of the Transportation Security Administration ("TSA") in his official capacity. The district court held that Plaintiffs-Appellants were not entitled to judicial review of their claims that the TSA violated their First Amendment rights by disciplining...

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