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CHRIST THE KING REGIONAL HIGH SCHOOL v. CULVERT

No. 787, Docket 86-7947.

815 F.2d 219 (1987)

CHRIST THE KING REGIONAL HIGH SCHOOL, Plaintiff-Appellant, v. Edward R. CULVERT, individually and as Chairman of the New York State Labor Relations Board, John J. Fanning, individually and as a member of the New York State Labor Relations Board, New York State Labor Relations Board, an agency of the Department of Labor of the State of New York, Defendants-Appellees, Lay Faculty Association, Local 1261, American Federation of Teachers, AFL-CIO, Defendant-Intervenor.

United States Court of Appeals, Second Circuit.

Decided March 26, 1987.

Attorney(s) appearing for the Case

Roger S. Kaplan, New York City (Thomas P. Schnitzler, Philip B. Rosen, Jackson, Lewis, Schnitzler & Krupman, New York City, of counsel), for plaintiff-appellant.

Evelyn Tenenbaum, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, Lawrence S. Kahn, Deputy Sol. Gen., New York City, of counsel), for defendants-appellees.

Before PIERCE, ALTIMARI, Circuit Judges, and STEWART, Senior District Judge.

PIERCE, Circuit Judge:

Christ the King Regional High School ("the School") appeals from an order of summary judgment in favor of the New York State Labor Relations Board, et al. ("SLRB" and "the SLRB defendants"), and the Lay Faculty Association, Local 1261, American Federation of Teachers, AFL-CIO ("LFA" or "the Union"). The district court dismissed the School's complaint which sought to enjoin the SLRB from asserting jurisdiction over a labor dispute at the School...

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