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BETH ISRAEL HOSP. & GERIATRIC CEN. v. N. L. R. B.

Nos. 80-1942, 80-1968.

688 F.2d 697 (1982)

BETH ISRAEL HOSPITAL AND GERIATRIC CENTER, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Beth Israel Federation of Nurses and Health Professionals AFT/FNHP, CFT, AFL-CIO, Intervenor. ST. ANTHONY HOSPITAL SYSTEMS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and St. Anthony's Federation of Nurses and Health Professionals, Intervenor.

United States Court of Appeals, Tenth Circuit.

Certiorari Dismissed November 23, 1982.

Attorney(s) appearing for the Case

Earl K. Madsen of Bradley, Campbell & Carney, Golden, Colo., for St. Anthony Hosp. Systems.

John D. Coombe, Denver, Colo. (John M. Husband and Jeffrey T. Johnson, Denver, Colo., with him on the brief) of Holland & Hart, Denver, Colo., for Beth Israel Hosp. and Geriatric Center.

John H. Ferguson, Attorney, Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., with him on the briefs), for the N. L. R. B.

Michael Radzilowsky, Chicago, Ill. (Lawrence A. Poltrock and Gregory N. Freerksen, Chicago, Ill., also of DeJong, Poltrock & Giampietro, Chicago, Ill., Laurence Gold, Washington, D. C., Marsha S. Berzon and Michael Rubin of Altshuler & Berzon, San Francisco, Cal., with him on the brief), for intervenor Unions and amicus AFL-CIO.

Clifton L. Elliott and Gina Kaiser of Elliott, Kaiser & Freeman, Kansas City, Mo., filed a brief for amicus American Hosp. Ass'n.

Before SETH, Chief Judge, and HOLLOWAY, McWILLIAMS, BARRETT, McKAY, LOGAN and SEYMOUR, Circuit Judges.

Certiorari Dismissed November 23, 1982. See 103 S.Ct. 433.

LOGAN, Circuit Judge.

Upon the petition of the National Labor Relations Board (NLRB), this Court granted en banc rehearing of these cases limited to reconsideration of the statements in the panel opinions that the NLRB's use of presumptions violated the mandate of Federal Rule of Evidence 301. See Beth Israel Hospital and Geriatric Center v. NLRB, 677 F.2d 1343

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