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EISENBERG, ETC. v. WELLINGTON HALL NURSING HOME, INC.

Nos. 81-1081, 81-1082.

651 F.2d 902 (1981)

Arthur EISENBERG, Regional Director of the Twenty-second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD v. WELLINGTON HALL NURSING HOME, INC. Appeal of the NATIONAL LABOR RELATIONS BOARD. Arthur EISENBERG, Regional Director of the Twenty-second Region of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD v. WELLINGTON HALL NURSING HOME, INC., Appellant.

United States Court of Appeals, Third Circuit.

Decided June 17, 1981.

As Amended June 30, 1981.

Attorney(s) appearing for the Case

Murray, Granello & Kenney, Little Silver, N.J., for Wellington Hall Nursing Home, Inc.; James P. Granello, Little Silver, N.J. (argued), of counsel; Stephen R. Fogarty, Little Silver, N.J., on the brief.

William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Harold J. Datz, Associate Gen. Counsel, Joseph E. Mayer, Asst. Gen. Counsel, Joseph P. Norelli, Deputy Asst. Gen. Counsel, Sherrian Knight, Atty., (argued), N.L.R.B., Washington, D.C., for N.L.R.B.

Before GIBBONS, HUNTER and GARTH, Circuit Judges.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This is an appeal by the Regional Director of the Twenty-second Region of the National Labor Relations Board on the Board's behalf from an order of the District Court of the District of New Jersey denying in part a petition, pursuant to section 10(j) of the National Labor Relations Act, 29 U.S.C. § 160(j), for a temporary injunction pending Board resolution of unfair labor practice charges.

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