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

Nos. 110, 264, Dockets 96-4171, 96-4211.

139 F.3d 135 (1998)

BEVERLY ENTERPRISES, INC., Beverly Health and Rehabilitation Services, Inc., Beverly Enterprises—Connecticut, Inc. d/b/a Greenwood Health Center, Petitioners-Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided March 9, 1998.

Attorney(s) appearing for the Case

Michael Flaherty, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, (Thomas P. McDonough, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY), for Petitioners-Cross-Respondents.

John D. Burgoyne, Assistant General Counsel; National Labor Relations Board, Washington, DC, (Frederick C. Havard, Supervisory Attorney; National Labor Relations Board, Washington, DC; Frederick L. Feinstein, General Counsel, National Labor Relations Board, Washington, DC; Linda Sher, Associate General Counsel, National Labor Relations Board, Washington, DC; Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, Washington, DC), for Respondent-Cross Petitioner.

Before: MINER and LEVAL, Circuit Judges, and GRIESA, District Judge.

GRIESA, District Judge, concurs in a separate opinion. LEVAL, Circuit Judge, concurs in part and dissents in part in a separate opinion.

MINER, Circuit Judge:

Petitioners-cross-respondents Beverly Enterprises, Inc., Beverly Health and Rehabilitation Services, Inc., and Beverly Enterprises — Connecticut, Inc. d/b/a Greenwood Health Center petition for review of a decision and order of the National Labor Relations Board ("NLRB") affirming a decision by...

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