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AMERICARE PINE LODGE NURSING v. N.L.R.B.

Nos. 97-2719, 98-1120.

164 F.3d 867 (1999)

AMERICARE PINE LODGE NURSING AND REHABILITATION CENTER, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Americare Pine Lodge Nursing and Rehabilitation Center, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided January 7, 1999.

Attorney(s) appearing for the Case

ARGUED: Thomas Patrick Dowd, Littler, Mendelson, P.C., Baltimore, Maryland, for Center. Julie Brock Broido, Senior Attorney, National Labor Relations Board, Washington, D.C., for Board. ON BRIEF: Frederick L. Feinstein, General Counsel, Linda Sher, Associate General, Aileen A. Armstrong, Deputy Associate General, Peter Winkler, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board.

Before MURNAGHAN and WILLIAMS, Circuit Judges, and BULLOCK, Chief United States District Judge from the Middle District of North Carolina, sitting by designation.

Petition for review granted in part and denied in part, and cross application for enforcement granted in part and denied in part by published opinion. Judge WILLIAMS wrote the opinion, in which Chief Judge BULLOCK joined. Judge MURNAGHAN wrote a separate opinion concurring in part and dissenting in part.

OPINION

WILLIAMS, Circuit Judge:

Americare Pine Lodge Nursing and Rehabilitation Center (Pine Lodge) petitions for review, and the National Labor...

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