Robert Haphey and Carl J. Bondietti v. Linn County Linn County Sheriff's Office Art Martinak, Sheriff, Acting in His Official and Individual Capacity
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FERNANDEZ, Circuit Judge:
Robert Haphey and Carl Bondietti (appellants) brought this action against Linn County, Oregon, in which they alleged that the Sheriff of Linn County (Sheriff) had discriminated against them because of their union activities. The district court granted summary judgment against appellants. Haphey v. Linn County, 731 F.Supp. 410 (D.Or.1990) (.Haphey I). They appealed. A panel of this court affirmed the district court. Haphey v. Linn County, 924 F.2d 1512 (9th Cir.1991) (Haphey II). We then granted appellants' petition to hear this case en banc.
We now set aside the…
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