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SAM'S CLUB, A DIV. OF WAL-MART STORES v. N.L.R.B.

Nos. 97-2721, 98-1085.

160 F.3d 191 (1998)

SAM'S CLUB, A DIVISION OF WAL-MART STORES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and United Food and Commercial Workers Union, Local 400, AFL-CIO, CLC, Intervenor-Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, and United Food and Commercial Workers Union, Local 400, AFL-CIO, CLC, Intervenor, v. SAM'S CLUB, A DIVISION OF WAL-MART STORES, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided November 17, 1998.

Attorney(s) appearing for the Case

ARGUED: Paul Michael Thompson, Hunton & Williams, Richmond, Virginia, for Petitioner. Jill Ann Griffin, National Labor Relations Board, Washington, D.C., for Respondent. George Wiszynski, Butsavage & Associates, P.C., Washington, D.C., for Intervenor. ON BRIEF: Michael P. Oates, Hunton & Williams, Richmond, Virginia, for Petitioner. Frederick L. Feinstein, General, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, Fred L. Cornnell, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Respondent. Carey R. Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Intervenor.

Before LUTTIG, WILLIAMS, and MICHAEL, Circuit Judges.

Petition for review granted and cross-application for enforcement granted in part by published opinion. Judge WILLIAMS wrote the majority opinion, in which Judge LUTTIG joined. Judge MICHAEL wrote a dissenting opinion.

OPINION

WILLIAMS, Circuit Judge:

Sam's Club, a division of Wal-Mart Stores, Inc., (Sam's) petitions for review from the National Labor Relations Board's (the Board) final order determining that it had committed violations of §...

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