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MERCY HOSP. OF BUFFALO v. N.L.R.B.

No. 496, Dockets 83-4136, 83-4154.

730 F.2d 75 (1984)

MERCY HOSPITAL OF BUFFALO, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, and Buffalo and Western New York Hospital and Nursing Home Council, Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 7, 1984.

Attorney(s) appearing for the Case

Paul B. Zuydhoek, Buffalo, N.Y. (Phillips, Lytle, Hitchcock, Blaine & Huber, John F. Donovan, Buffalo, N.Y., of counsel), for petitioner-cross-respondent.

L. Pat Wynns, Atty., N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, John D. Burgoyne, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent-cross-petitioner.

Frank S. Kedzielawa, Buffalo, N.Y. (Lipsitz, Green, Fahringer, Roll, Schuller & James, Richard Lipsitz, Stuart M. Pohl, Buffalo, N.Y., of counsel), for intervenor.

Before FEINBERG, Chief Judge, and OAKES and PIERCE, Circuit Judges.

PIERCE, Circuit Judge:

Mercy Hospital of Buffalo ("Hospital") brings this petition to review and set aside a Supplemental Order issued on June 3, 1983, by the National Labor Relations Board ("NLRB" or "Board"). The Board has cross-petitioned for enforcement of its March 19, 1981 and June 3, 1983 orders, finding the Hospital in violation of §§ 8(a)(1) and (5) of the National Labor Relations Act ("Act"), 29 U.S.C. §§ 158(a)(1) and (5). Previously...

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