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ARA SERVICES, INC. v. N.L.R.B.

Nos. 95-1201, 95-1332.

71 F.3d 129 (1995)

ARA SERVICES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Communications Workers of America, AFL-CIO, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ARA SERVICES, INCORPORATED, Respondent, Communications Workers of America, AFL-CIO, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided December 5, 1995.

Attorney(s) appearing for the Case

ARGUED: David William Miller, Baker & Daniels, Indianapolis, Indiana, for Petitioner. David A. Seid, National Labor Relations Board, Washington, D.C., for Respondent. John David James, Smith, Follin & James, L.L.P., Greensboro, North Carolina, for Intervenor. ON BRIEF: Todd M. Nierman, Baker & Daniels, Indianapolis, Indiana, for Petitioner. Frederick L. Feinstein, General Counsel, Linda Sher, Acting Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Paul J. Spielberg, Deputy Assistant General Counsel, National Labor Relations Board, Washington, D.C., for Respondent.

Before WILKINSON, WILLIAMS, and MOTZ, Circuit Judges.

Enforcement denied by published opinion. Judge WILKINSON wrote the majority opinion, in which Judge WILLIAMS joined. Judge MOTZ wrote an opinion, concurring in part and dissenting in part.

OPINION

WILKINSON, Circuit Judge:

In this case we must decide whether the National Labor Relations Board ("the Board") properly asserted jurisdiction over petitioner ARA Services, Inc. ("ARA"). ARA provides food services...

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