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EL PASO ELEC. CO. v. N.L.R.B.

No. 10-60771.

681 F.3d 651 (2012)

EL PASO ELECTRIC COMPANY, Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

May 18, 2012.

Attorney(s) appearing for the Case

Dan C. Dargene (argued), Ogletree Deakins, P.C., Dallas, TX, for Petitioner Cross-Respondent.

Linda Dreeben , Deputy Assoc. Gen. Counsel, Heather Stacy Beard (argued), Richard Alan Cohen, Sr. Atty., Jill A. Griffin , Supervisory Atty., NLRB, App. Court Branch, Washington, DC, Cornele A. Overstreet , NLRB, Phoenix, AZ, for Respondent Cross-Petitioner.

Before DENNIS, CLEMENT and HIGGINSON, Circuit Judges.

HIGGINSON, Circuit Judge:

The issue before us is whether there is sufficient evidence to support the findings by the Respondent, the National Labor Relations Board (the "General Counsel"),1 that the Petitioner, El Paso Electric Company ("EPE"), engaged in unfair labor practices prohibited by the National Labor Relations Act (the "NLRA").

EPE contends that the record does not support the Board's findings. First, it is settled law...

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