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EXXEL/ATMOS, INC. v. N.L.R.B.

Nos. 97-1417 and 97-1418.

147 F.3d 972 (1998)

EXXEL/ATMOS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1998.

Rehearing Denied August 26, 1998.

Attorney(s) appearing for the Case

Vincent J. Apruzzese argued the cause and filed the briefs for petitioner.

David A. Fleischer, Senior Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Linda Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Margaret A. Gaines, Supervisory Attorney, entered an appearance.

Daniel M. Kovalik argued the cause for intervenor United Steelworkers of America. With him on the brief were Laurence Gold, David Silberman, and James Coppess.

Before: WALD, SENTELLE, and RANDOLPH, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Concurring opinion filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge:

These are petitions by Exxel/Atmos, Inc. to review, and cross-petitions by the National Labor Relations Board to enforce, two orders issued in June 1997. The Board issued the first of its orders on remand from our decision in Exxel/Atmos, Inc. v. NLRB, 28 F.3d 1243 (D.C.Cir.1994...

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