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PETERS v. N.L.R.B.

Nos. 96-6049, 96-6179 and 96-6184.

153 F.3d 289 (1998)

Samuel L. PETERS, Receiver, and Specialty Envelope, Incorporated, Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross Petitioner, United Paperworkers International Union, Local No. 459, United Paperworkers International Union, Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WESTERN PAPER PRODUCTS, Incorporated, d/b/a Specialty Envelope Company, Respondent, United Paperworkers International Union, Local No. 459, United Paperworkers International Union, Intervenors.

United States Court of Appeals, Sixth Circuit.

Decided August 10, 1998.

Attorney(s) appearing for the Case

David K. Montgomery (argued and briefed), Paul D. Dorger, Keating, Muething & Klekamp, Cincinnati, Ohio, for Petitioners/Cross-Respondents.

Aileen A. Armstrong (briefed), Deputy Associate General Counsel, Julie B. Broido (argued and briefed), Margaret Ann Gaines Neigus (briefed), National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent/Cross-Petitioner.

Peter M. Fox (briefed), Kircher, Robinson, Newman & Welch, Cincinnati, Ohio, for Intervenors.

Before: KENNEDY and SILER, Circuit Judges; COHN, District Judge.

SILER, J., delivered the opinion of the opinion of the court, in which COHN, D.J., joined. KENNEDY, J. (p. 302), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SILER, Circuit Judge.

Petitioners/cross-respondents, Samuel L. Peters and Specialty Envelope, Inc. ("New Specialty"), appeal the National Labor Relations Board's decision in favor of the respondent/cross-petitioner, National Labor Relations Board ("NLRB" or...

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