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GARDNER MECHANICAL SERVICES, INC. v. N.L.R.B.

Nos. 94-70192, 94-70262.

115 F.3d 636 (1997)

GARDNER MECHANICAL SERVICES, INC.; Gardner Engineering, Inc., Petitioners-Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner, Local 350, United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO, Respondent-Intervenor.

United States Court of Appeals, Ninth Circuit.

Decided May 15, 1997.

Attorney(s) appearing for the Case

Robert G. Hulteng, Jeffrey S. Bosley, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Francisco, CA, for petitioner-cross-respondent, Gardner Mechanical Services, Inc.

Charles Donnelly, John J. Fawley, Washington, DC, for respondent-cross-petitioner, National Labor Relations Board.

John J. Davis, Jr., McCarthy, Johnson & Miller, San Francisco, CA, for respondent-intervenor, U.A. Local 350.

Before: KOZINSKI and JOHN T. NOONAN, Jr., Circuit Judges, BREWSTER, District Judge.

ORDER

The panel ORDERS its prior opinion in this case, which was filed on July 10, 1996 and published at 89 F.3d 586, withdrawn.

IT IS SO ORDERED.

OPINION

BREWSTER, District Judge:

Gardner Engineering, Inc. ("GEI") and Gardner Mechanical Services, Inc. ("GMS") seek review of the National Labor Relations Board's order finding that GMS and GEI engaged in unfair labor practices in violation of sections...

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