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BEVERLY ENTERPRISES v. N.L.R.B.

Nos. 97-3097, 97-3326.

148 F.3d 1042 (1998)

BEVERLY ENTERPRISES, doing business as Lynwood Health Care Center, Minnesota, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Minnesota's Health Care Union, Local 113 SEIU, Intervenor on Appeal. BEVERLY ENTERPRISES, doing business as Lynwood Health Care Center, Minnesota, Inc., Respondent, v. NATIONAL LABOR RELATIONS BOARD, Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided July 13, 1998.

Attorney(s) appearing for the Case

Thomas W. Walsh, James D. Williams, Jr., White Plains, NY, argued, for appellant.

Deborah E. Shrager, Washington, DC, argued (David Habenstreit, on the brief), for Appellee.

Before WOLLMAN and HANSEN, Circuit Judges, and GOLDBERG, Judge.

WOLLMAN, Circuit Judge.

Beverly Enterprises — Minnesota, Inc., d/b/a Lynwood Health Care Center (Beverly), petitions for review of a final order of the National Labor Relations Board, that Beverly had violated sections 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 151-169, by refusing to recognize and bargain with Minnesota's Health Care Union, Local 113, Service Employees International...

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