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N.L.R.B. v. HOUSTON BLDG. SERVICES, INC.

No. 96-60878 Summary Calendar.

128 F.3d 860 (1997)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOUSTON BUILDING SERVICES, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

September 26, 1997.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Deputy Associate General Counsel, Frederick Lee Cornnell, Fred Barry Jacob, National Labor Relations Board, Washington, DC, Michael Dunn, Director, National Labor Relations Board, Region 16, Fort Worth, TX, for Petitioner.

Sidney Howard Kalban, AFL-CIO, District #5 — ITPE-NMU/MEBA, New York, NY, for District No. 5—ITPE-NMU/MEBA, AFL-CIO, Intervenor.

Neil Martin, Sarah V. Kerrigan, Gardere, Wynne, Sewell & Riggs, Houston, TX, for Respondent.

Before JONES, SMITH and STEWART, Circuit Judges.

PER CURIAM:

The National Labor Relations Board (the Board) seeks enforcement of its Decision and Order ordering Houston Building Services, Inc. (HBS) to remit payment — as a successor employer — to a health and welfare and pension fund as part of a make whole remedy for committing an unfair labor practice by refusing to bargain with a union under contract with the predecessor employer. HBS asserts that requiring it to remit payment to the fund violates...

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