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BLUE CIRCLE CEMENT CO., INC. v. N.L.R.B.

No. 93-4961.

41 F.3d 203 (1994)

BLUE CIRCLE CEMENT COMPANY, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

December 14, 1994.

Attorney(s) appearing for the Case

John W. Powers, Seyfarth, Shaw, Fair-weather & Geraldson, Chicago, IL, for petitioner-cross-respondent.

Deborah E. Shrager, Aileen Armstrong, Deputy Assoc. General Counsel, Linda J. Dreeben, NLRB, Washington, DC, for respondent-cross-petitioner.

Joseph G. Norton, Dist. Dir., NLRB, New Orleans, LA, for other interested parties.

Mary Elizabeth Metz, Michael J. Stapp, Kansas City, KS, for intervenor Boilermakers Union.

Before WISDOM and JONES, Circuit Judges, and FITZWATER, District Judge.

FITZWATER, District Judge:

We are asked to set aside a decision of the National Labor Relations Board ordering relief for an employee found to have been suspended and discharged in violation of § 8(a)(1) of the National Labor Relations Act (the "Act"), 29 U.S.C. § 158(a)(1). See Blue Circle Cement Co., 311 N.L.R.B. 623, 624-25 (1993). The Board, supported by the employee's union and its local as intervenors, cross-applies for enforcement of the order...

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