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MILLER v. CALIFORNIA PACIFIC MEDICAL CENTER

Nos. 92-15721, 92-15746.

991 F.2d 536 (1993)

Robert H. MILLER, Regional Director of region 20 of the National Labor Relations Board, FOR AND ON BEHALF OF the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellant, v. CALIFORNIA PACIFIC MEDICAL CENTER, Respondent-Appellee. Robert H. MILLER, Regional Director of region 20 of the National Labor Relations Board, FOR AND ON BEHALF OF the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellee, v. CALIFORNIA PACIFIC MEDICAL CENTER, Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided April 13, 1993.

Attorney(s) appearing for the Case

Jerry M. Hunter, General Counsel, Yvonne T. Dixon, Acting Deputy General Counsel, Robert E. Allen, Associate General Counsel, Ellen A. Farrell, Asst. General Counsel, Corinna L. Metcalf, Deputy Asst. General Counsel, Elinor L. Merberg, N.L.R.B., Washington, DC, for Robert H. Miller, petitioner-appellant-cross-appellee.

Jerome B. Falk, Jr., Steven L. Mayer, Pauline E. Calande, Howard, Rice, Nemerovski, Canady, Robertson & Falk, San Francisco, CA, Gerald R. Lucey, Joseph E. Wiley, Tracy Lessen Gersten, Corbett & Kane, Emeryville, CA, for respondent-appellee-cross-appellant California Pacific Medical Center.

Before KOZINSKI and THOMPSON, Circuit Judges, and von der HEYDT, District Judge.

KOZINSKI, Circuit Judge:

We decide when a preliminary injunction constitutes "just and proper" interim relief in an unfair labor practice case.

Background1

Children's Hospital of San Francisco and Pacific Presbyterian Medical Center used to be independent hospitals in San Francisco. In July 1990 they decided to merge based on an estimate that integration of their facilities would save as much as $60 million over...

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