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FOLEY-WISMER & BECKER v. N.L.R.B.

No. 80-7272.

682 F.2d 770 (1982)

FOLEY-WISMER & BECKER and Shurtleff & Andrews Constructors, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided July 22, 1982.

Attorney(s) appearing for the Case

Wesley M. Wilson, Yakima, Wash., for petitioners.

Ruah Donnelly Lahey, Margery E. Lieber, Deputy Asst. Gen. Counsel, Washington, D. C., for respondent.

Before BROWNING, Chief Judge, and WRIGHT, CHOY, GOODWIN, SNEED, ANDERSON, SKOPIL, SCHROEDER, POOLE, FERGUSON and NELSON, Circuit Judges.

FERGUSON, Circuit Judge:

Petitioners seek review of an order of the National Labor Relations Board quashing notice of a hearing under section 10(k) of the National Labor Relations Act, 29 U.S.C. § 160(k).1 Other circuits have held that such an order is not appealable.2 This circuit has taken a different view, holding that such orders are appealable final orders. Waterway Terminals Co. v. NLRB, ...

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