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BEVERLY ENTERPRISES, WEST VIRGINIA v. N.L.R.B.

Nos. 96-2778, 97-1037.

136 F.3d 353 (1998)

BEVERLY ENTERPRISES, WEST VIRGINIA, INCORPORATED, d/b/a Glasgow Rehabilitation and Living Center, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BEVERLY ENTERPRISES, WEST VIRGINIA, INCORPORATED, d/b/a Glasgow Rehabilitation and Living Center, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1998.

Rehearing Granted; Opinion Vacated March 30, 1998.

Attorney(s) appearing for the Case

ARGUED: Thomas Vincent Walsh, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitoner. Joseph Anthony Oertel, NLRB, Washington, DC, for Respondent. ON BRIEF: James D. Williams, Jr., Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitioner. Frederick L. Feinstein, Gen. Counsel, Linda Sher, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, NLRB, Washington, DC, for Respondent.

Before HALL and NIEMEYER, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Rehearing In Banc Granted; Opinion Vacated March 30, 1998.

Review denied and order enforced by published opinion. Judge HALL wrote the opinion, in which Senior Judge PHILLIPS joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

K.K. HALL, Circuit Judge:

Beverly Enterprises, West Virginia, Inc., petitions for review of an order of the National Labor Relations Board (NLRB) finding that Beverly violated §§ 8(a)(1) and (5) of...

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