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AMERICAN HOSP. ASS'N v. N.L.R.B.

No. 89 C 3279.

718 F.Supp. 704 (1989)

AMERICAN HOSPITAL ASSOCIATION, Plaintiff, v. NATIONAL LABOR RELATIONS BOARD, James M. Stephens, Mary M. Cracraft, John E. Higgins, Jr., Dennis M. Devaney, and John C. Truesdale, Defendants, and American Federation of Labor and Congress of Industrial Organizations, the Building and Construction Trades Department, and American Nurses' Association, Permissive Intervenors Pursuant to Fed.R.Civ.P. 24(b).

United States District Court, N.D. Illinois, E.D.

July 25, 1989.

Attorney(s) appearing for the Case

Laurence H. Lenz, Jr., Brian Bulger, Daniel Kaufman, and Michael W. Duffee, Katten Muchin & Zavis, Chicago, Ill., and Benjamin Civiletti, Venable, Baetjer & Howard, Baltimore, Md., for plaintiff.

Eric G. Moskowitz, Diane Rosse, Norton J. Come, Deputy Associate Gen. Counsel, Linda R. Sher, Asst. Gen. Counsel, N.L. R.B., Washington, D.C., and William G. Kocol, N.L.R.B., Region 13, Chicago, Ill., for defendants.

George Kaufman and Woody N. Peterson, Dickstein, Shapiro & Morin, Washington, D.C., Peggy Hillman, Chicago, Ill., for intervenor, American Nurses' Ass'n.

Joel A. D'Alba and Marvin Gittler, Asher, Pavalon, Gittler and Greenfield, Chicago, Ill., for intervenor, AFL-CIO.

MEMORANDUM OPINION AND ORDER

ZAGEL, District Judge.

The American Hospital Association (the "AHA") seeks to permanently enjoin the National Labor Relations Board (the "NLRB" or the "Board") from enforcing a newly promulgated rule, 29 C.F.R. Part 103, pertaining to bargaining units in the health care industry (the "Rule").1 The Rule was promulgated pursuant to the Board's rule-making authority under section 6 of the National Labor...

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