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HOLLY FARMS CORP. v. N.L.R.B.

Nos. 93-1710, 93-1882.

48 F.3d 1360 (1995)

HOLLY FARMS CORPORATION; Tyson Foods, Incorporated, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Chauffeurs, Teamsters and Helpers, Local 391, 29, 71, 355, 592, 657, 988, and all affiliated with the International Brotherhood of Teamsters, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOLLY FARMS CORPORATION; Tyson Foods, Incorporated, Respondents, Chauffeurs, Teamsters and Helpers, Local 391, 29, 71, 355, 592, 657, 988, and all affiliated with the International Brotherhood of Teamsters, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided March 10, 1995.

Attorney(s) appearing for the Case

ARGUED: Charles Preyer Roberts, III, Haynsworth, Baldwin, Johnson & Greaves, Greensboro, NC, for petitioners. Frederick Lee Cornnell, Jr., N.L.R.B., Washington, DC, for respondent; John David James, Smith, Follin & James, Greensboro, NC, for intervenor. ON BRIEF: William R. McKibbon, Jr., D. Christopher Lauderdale, Haynsworth, Baldwin, Johnson & Greaves, Greenville, SC, for petitioners. Jerry M. Hunter, Gen. Counsel, Yvonne T. Dixon, Acting Deputy Atty. Gen., Nicholas E. Karatinos, Acting Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, Frederick C. Havard, Supervisory Atty., N.L.R.B., Washington, DC, for respondent.

Before MURNAGHAN and NIEMEYER, Circuit Judges, and HARVEY, Senior United States District Judge for the District of Maryland, sitting by designation.

Order enforced by published opinion. Judge MURNAGHAN wrote the opinion, in which Senior Judge HARVEY joined. Judge NIEMEYER wrote an opinion concurring in part and dissenting in part.

OPINION

MURNAGHAN, Circuit Judge:

Holly Farms Corporation and Tyson Foods, Inc. ("Holly Farms" and "Tyson" — collectively, "the Company") have petitioned for review of a decision and order of the respondent, the National Labor Relations Board ("NLRB" or "the...

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