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OSTHUS v. WHITESELL CORP.

No. 09-3209.

639 F.3d 841 (2011)

Marlin O. OSTHUS, Regional Director of the Eighteenth Region of the National Labor Relations Board; National Labor Relations Board, Plaintiffs-Appellees, v. WHITESELL CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: April 22, 2011.

Attorney(s) appearing for the Case

Charles P. Roberts, III , argued, Winston-Salem, NC, Dennis J. Mitchell , on the brief, Iowa City, IA, for appellant.

Dexter E. Sutton, Sr. , argued, and Judith I. Katz , Ronald Meisburg , Stevens L. Sokolow , John E. Higgins, Jr. , and Barry J. Kearney , all with the NLRB, on the brief, Washington, DC, for appellees.

Before RILEY, Chief Judge, and COLLOTON and BENTON, Circuit Judges.

BENTON, Circuit Judge.

The Regional Director of the Eighteenth Region of the National Labor Relations Board (respectively, "Director" and "Board") requested an injunction under section 10(j) of the Labor Management Relations Act, 1947, 29 U.S.C. § 160(j). The district court granted the injunction. Whitesell Corporation appeals. Having jurisdiction under 28 U.S.C. § 1292(a)(1), this court vacates and remands.

I.

In 2005, Whitesell purchased...

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