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INTERN. ASS'N OF MACHINISTS AND AEROSPACE v. HALEY

No. Civil Action No. 2:11-cv-00153-CWH.

832 F.Supp.2d 612 (2011)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS and South Carolina American Federation of Labor and Congress of Industrial Organizations, Plaintiffs, v. Nimrata "Nikki" HALEY in her official capacities as Governor-elect and as Governor of South Carolina, and Catherine Templeton in her personal capacity and in her official capacity as Director of the South Carolina Department of Labor, Licensing and Regulation, Defendants.

United States District Court, D. South Carolina, Charleston Division.

August 8, 2011.

Attorney(s) appearing for the Case

Armand Georges Derfner, Derfner Altman and Wilborn, Charleston, SC, Christopher Corson, International Association of Machinist and Aerospace Workers, Upper Marlboro, MD, Kathleen Phair Barnard, Schwerin Campbell Barnard Iglitzin and Lavitt, Seattle, WA, for Plaintiffs.

Ashley Prickett Cuttino, Ogletree Deakins Nash Smoak and Stewart, Greenville, SC, Mark Hedderman Wall, Elmore and Wall, Charleston, SC, Alan Wilson, James Emory Smith, Jr., Robert Dewayne Cook, SC Attorney General's Office, Columbia, SC, for Defendants.

ORDER

C. WESTON HOUCK, District Judge.

I. BACKGROUND

This matter is before the Court on the defendants' motion to dismiss and motion to strike (ECF No. 19). For the reasons set forth in this order, the motion to dismiss is granted. The motion to strike is moot.

A. FACTS

On a motion to dismiss, the Court accepts as true the well-pleaded facts of the plaintiffs' complaint. The second amended complaint (ECF No. 43) is the operative...

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