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SERVICE EMPLOYEES v. NATIONAL UNION OF HEALTHCARE

No. 09-15855.

598 F.3d 1061 (2010)

SERVICE EMPLOYEES INTERNATIONAL UNION; David Regan; Eliseo Medina, as Trustees for SEIU United Healthcare Workers-West and fiduciaries of the SEIU United Healthcare Workers-West and Joint Employer Education Fund; SEIU United Healthcare Workers-West, an unincorporated association and fiduciary of the SEIU United Healthcare Workers-West and Joint Employer Education Fund; Rebecca Collins, as a participant in the SEIU United Healthcare Workers-West and Joint Employer Education Fund, Plaintiffs-Appellees, v. NATIONAL UNION OF HEALTHCARE WORKERS; John Borsos; Aaron Brickman; Gail Buhler; Will Clayton; Joan Emslie; Glenn Goldstein; Mark Kipfer; Gabriel Kristal; Paul Kumar; Barbara Lewis; Freja Nelson; Fred Seavey; Ian Selden; Sal Rosselli; John Vellardita; Phyllis Willett, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2010.

Attorney(s) appearing for the Case

Jeffrey B. Demain (argued), Stephen P. Berzon, Peter D. Nussbaum, Jonathan Weissglass, San Francisco, CA, Robert M. Weinberg, Leon Dayan, Washington, DC, Glenn Rothner, and Emma Leheny, Pasadena, CA, for the plaintiffs-appellees.

Daniel Siegel (argued), Jose Luis Fuentes, and Dean Royer, Oakland, CA, for the defendants-appellants.

Before MYRON H. BRIGHT, MICHAEL DALY HAWKINS, and MILAN D. SMITH, JR., Circuit Judges.

BRIGHT, Circuit Judge:

When a continuing dispute over policy matters resulted in a final breakdown between the plaintiff Service Employees International Union ("SEIU"), and the leaders and officers of a local affiliate United Healthcare Workers ("UHW"), SEIU imposed a trusteeship over UHW. In response, the leaders and officers of UHW immediately resigned and organized a rival union, National Union of Healthcare Workers ("NUHW"), to compete with UHW for the representation...

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