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BIERMAN v. DAYTON

No. 14-3468.

817 F.3d 1070 (2016)

Teresa BIERMAN; Kathy Borgerding; Linda Brickley; Carmen Gretton; Beverly Ofstie; Scott Price; Tammy Tankersley; Kim Woehl; Karen Yust, Plaintiffs-Appellants v. Governor Mark DAYTON, in His Official Capacity as Governor of the State of Minnesota; Josh Tilsen, in His Official Capacity as Commissioner of the Bureau of Mediation Services; Emily Johnson Piper, in Her Official Capacity as Commissioner of the Minnesota Department of Human Services; SEIU Healthcare Minnesota, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: March 22, 2016.

Attorney(s) appearing for the Case

William L. Messenger , argued, Springfield, VA, ( Craig S. Krummen , Minneapolis, MN, on the brief), for Plaintiffs-Appellants.

Scott A. Kronland , argued, San Francisco, CA, and Alan Gilbert , AAG, argued, Saint Paul, MN, ( Justin D. Cummins , Brendan D. Cummins , Minneapolis, MN, Scott A. Kronland , Peder J. Thoreen , Laura Trice , San Francisco, CA, Jacob Campion , AAG, Saint Paul, MN, on the brief), for Defendants-Appellees.

Before RILEY, Chief Judge, SMITH and SHEPHERD, Circuit Judges.

Nine individual providers of direct support services (collectively, homecare providers) challenge the constitutionality of a Minnesota statute designating them state employees for the purpose of unionization. See Minn.Stat. § 179A.54. The homecare providers timely filed this interlocutory appeal from the district court...

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