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ZIPP v. GESKE & SONS, INC.

No. 95-3272.

103 F.3d 1379 (1997)

Glenn A. ZIPP, Regional Director of the Thirty-Third Region of the National Labor Relations Board and National Labor Relations Board, Plaintiffs-Cross-Defendants-Appellees, v. GESKE & SONS, INCORPORATED, Defendant-Cross-Plaintiff-Appellant, v. William B. GOULD, IV, individually, and as Chairman of the National Labor Relations Board, James M. Stephens, individually, and as a member of the National Labor Relations Board, Dennis M. Devaney, individually, and as a member of the National Labor Relations Board, et al., Cross-Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided January 9, 1997.

Attorney(s) appearing for the Case

Eric G. Moskowitz, Margery E. Lieber, D.C. Parker (argued), N.L.R.B., Washington, DC, Judith T. Poltz, N.L.R.B., Peoria, IL, Louis E. Sigman, Baum, Sigman, Auerbach, Pierson & Neuman, Chicago, IL, for plaintiffs-cross-defendants-appellees.

Michael K. Havrilesko, Havrilesko & Associates, Rockford, IL, Michael E. Avakian (argued), North Springfield, VA, Gerard C. Smetana, Law Offices of Gerard C. Smetana, Chicago, IL, for defendant-cross-plaintiff-appellant.

Before COFFEY, RIPPLE and DIANE P. WOOD, Circuit Judges.

RIPPLE, Circuit Judge.

This case is a companion case to Geske & Sons, Inc. v. NLRB, 103 F.3d 1366 (7th Cir.1997) ("Geske I"). In this case, Geske & Sons, Inc. ("Geske") sought an injunction from the district court prohibiting the National Labor Relations Board ("NLRB" or "the Board") from pursuing unfair labor practice charges against Geske. The district court held that, under the National Labor

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