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N.L.R.B. v. PIER SIXTY, LLC

Nos. 15-1841-ag (L), 15-1962-ag (XAP) August Term 2015.

855 F.3d 115 (2017)

NATIONAL LABOR RELATIONS BOARD, Petitioner-Cross-Respondent, v. PIER SIXTY, LLC, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: April 21, 2017.

Amended: May 9, 2017.

Attorney(s) appearing for the Case

THOMAS V. WALSH , Jackson Lewis P.C., White Plains, NY, for Respondent-Cross-Petitioner.

BENJAMIN M. SHULTZ and Scott R. McIntosh , Attorneys, Appellate Staff, for Benjamin C. Mizer , Principal Deputy Assistant Attorney General, U.S. Department of Justice, Civil Division, Washington, DC; AMY H. GINN , Attorney ( Jennifer Abruzzo , Deputy General Counsel; John H. Ferguson , Associate General Counsel; Linda Dreeben , Deputy Associate General Counsel; Usha Dheenan , Supervisor Attorney), for Richard F. Griffin, Jr. , General Counsel, National Labor Relations Board, Washington, DC, for Petitioner-Cross-Respondent.

Before: KEARSE, CABRANES, and CHIN, Circuit Judges.

This petition for enforcement of an order of the National Labor Relations Board (the "Board" or the "NLRB") and an employer's cross-petition for review present two questions. The first is whether the employer, Respondent-Cross-Petitioner Pier Sixty, LLC ("Pier Sixty"), has forfeited its challenge to the legality...

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