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CASE FARMS OF NORTH CAROLINA, INC. v. N.L.R.B.

Nos. 96-1402, 96-1566.

128 F.3d 841 (1997)

CASE FARMS OF NORTH CAROLINA, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, National Poultry Workers Organizing Committee, Intervenor. The North Carolina Poultry Federation, Amicus Curiae. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CASE FARMS OF NORTH CAROLINA, INCORPORATED, Respondent. The North Carolina Poultry Federation, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1997.

Attorney(s) appearing for the Case

ARGUED: David Parks Hiller, Millisor & Nobil, Columbus, Ohio, for Petitioner. David A. Seid, National Labor Relations Board, Washington, DC, for Respondent. Laurence Edward Gold, Washington, DC, for Intervenor. ON BRIEF: Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard, Supervisory Attorney, National Labor Relations Board, Washington, DC, for Respondent. Theodore T. Green, Washington, DC, for Intervenor. Kevin Sturm, Edwards, Ballard, Bishop, Sturm, Clark & Keim, P.A., Spartanburg, SC, for Amicus Curiae.

Before WILLIAMS and MICHAEL, Circuit Judges, and GOODWIN, United States District Judge for the Southern District of West Virginia, sitting by designation.

Petition denied and order enforced by published opinion. Judge MICHAEL wrote the opinion, in which Judge GOODWIN joined. Judge WILLIAMS wrote a separate concurring opinion.

OPINION

MICHAEL, Circuit Judge:

Case Farms of North Carolina, Inc. petitions for review of a National Labor Relations Board order certifying the results of a union representation election held July 12, 1995, at the Case Farms poultry processing plant in Morganton, North Carolina...

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