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EMERY REALTY, INC. v. N.L.R.B.

Nos. 87-6279, 88-5044.

863 F.2d 1259 (1988)

EMERY REALTY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Sixth Circuit.

Decided December 19, 1988.

Attorney(s) appearing for the Case

David L. Barth (argued), Paul R. Moran, Cors, Bassett, Kohlhepp, Halloran and Moran, Cincinnati, Ohio, for Emery Realty, Inc.

Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., Collis Suzanne Stocking, Margaret G. Bezou (argued), Emil C. Farkas, Director, Region 9, N.L.R.B., Cincinnati, Ohio, Gerald Kobell, Regional Counsel, N.L.R.B., Region 6, Pittsburg, Pa., for N.L.R.B.

Before MERRITT, MARTIN and MILBURN, Circuit Judges.

MILBURN, Circuit Judge.

Emery Realty, Inc. ("Emery") petitions to set aside a National Labor Relations Board's ("Board") order requiring it to allow nonemployee union representatives to distribute union handbills on its property (No. 87-6279). On cross-application, the Board seeks to have its order enforced (No. 88-5044). The Board's decision and order are reported at Emery Realty Inc., 286 N.L.R.B. No. 32, 126 L.R.R.M. 1241 (Sept. 30, 1987). For the reasons...

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