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BOB EVANS FARMS, INC. v. N.L.R.B.

Nos. 97-4095, 98-1119.

163 F.3d 1012 (1998)

BOB EVANS FARMS, INCORPORATED, Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided December 17, 1998.

Attorney(s) appearing for the Case

Robert A. Harris, Chris J. North (argued), Vorys, Sater, Seymour & Pease, Columbus, OH, for Petitioner in No. 97-4095.

Jill A. Griffin (argued), National Labor Relations Bd., Contempt Litigation Branch, Washington, DC, John D. Burgoyne, National Labor Relations Bd., Appellate Court, Enforcement Litigation, Washington, DC, Glenn A. Zipp, National Labor Relations Bd., Peoria, IL, for Respondent in No. 97-4095.

Daniel V. Yager, McGuiness & Williams, Washington, DC, for Amicus Curiae in Nos. 97-4095 and 98-1119.

Robert J. Englehart, Jill A. Griffin, (argued), National Labor Relations Bd., Contempt Litigation Branch, Washington, DC, John D. Burhoyne, Frederick Havard, National Labor Relations Bd., Appellate Court, Enforcement Litigation, Washington, DC, Glenn A. Zipp, National Labor Relations Bd., Peoria, IL, for Petitioner in No. 98-1119.

Robert A. Harris, Chris J. North (argued), Vorys, Sater, Seymour & Pease, Columbus, OH, for Respondent in No. 98-1119.

Before CUDAHY, COFFEY and KANNE, Circuit Judges.

CUDAHY, Circuit Judge.

When Diane Gorrell was fired from a Bob Evans restaurant in East Peoria, nearly all of the employees under her supervision walked off the job at the start of a busy Friday evening shift. The employees later sought to return to work but Bob Evans refused to reinstate them. This matter comes before us on cross applications to set aside and enforce an order of the National Labor Relations Board requiring Bob Evans to allow the employees to return...

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