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N.L.R.B. v. ANNAPOLIS EMERGENCY HOSPITAL ASSN.

No. 76-1166.

561 F.2d 524 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ANNAPOLIS EMERGENCY HOSPITAL ASSOCIATION, INC., d/b/a Anne Arundel General Hospital, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 31, 1977.

Attorney(s) appearing for the Case

Richard A. Cohen, Atty., N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Aileen A. Armstrong, Atty., N. L. R. B., Washington, D. C., on brief), for petitioner.

N. Peter Lareau, Baltimore, Md. (A. Samuel Cook, Christopher H. Mills, Venable, Baetjer & Howard, Baltimore, Md., on brief), for respondent.

Herbert J. Belgrad, Kaplan, Heyman, Greenberg, Engelman & Belgrad, Baltimore, Md., on brief, for amici curiae.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges, sitting in banc.

WINTER, Circuit Judge:

This case was argued initially before a panel of the court and the late Judge Craven prepared an opinion in which Judge Hall concurred. Judge Winter prepared a dissenting opinion. Both opinions are annexed hereto as an appendix to this opinion. Before the panel opinions were filed, a motion was made within the court to rehear the case in banc and the motion carried. Before reargument in banc was heard, Judge Craven died.

After reargument...

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