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

Nos. 96-2779, 97-1098.

136 F.3d 361 (1998)

BEVERLY ENTERPRISES, Virginia, Incorporated, d/b/a Carter Hall Nursing Home, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BEVERLY ENTERPRISES, Virginia, Incorporated, d/b/a Carter Hall Nursing Home, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided February 13, 1998.

Attorney(s) appearing for the Case

ARGUED: Andrew Allen Peterson, Jackson, Lewis, Schnitzler & Krupman, White Plains, NY, for Petitioner. 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, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, NLRB, Washington, DC, for Respondent.

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

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

PER CURIAM:

Beverly Enterprises, Virginia, Inc., petitions for review of an order of the National Labor Relations Board (NLRB) finding that it violated the National Labor Relations Act1 by refusing to bargain with a certified unit at Beverly's Carter...

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