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NORTHERN MONTANA HEALTH CARE CENTER v. N.L.R.B.

Nos. 97-71371, 98-70104.

178 F.3d 1089 (1999)

NORTHERN MONTANA HEALTH CARE CENTER; Northern Montana Health Care, Inc.; Northern Montana Hospital, Petitioners/Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Ninth Circuit.

Filed June 2, 1999.

As Amended June 14, 1999.

Attorney(s) appearing for the Case

Donald C. Robinson, Poore, Roth & Robinson, Butte, Montana, for the petitioners-cross-respondents.

Stephen M. Rummage, Davis, Wright, Tremaine, Seattle, Washington, for the petitioners-cross-respondents.

Sharon I. Block (argued), National Labor Relations Board, Washington, D.C., for the respondent-cross-petitioner.

Aileen A. Armstrong and Charles Donnelly (on the briefs), National Labor Relations Board, Washington, D.C., for the respondent-cross-petitioner.

Before: FLETCHER, REINHARDT, and THOMAS, Circuit Judges.

REINHARDT, Circuit Judge:

At midnight between August 30 and 31, 1994, ownership of a unionized long-term nursing care facility changed over from the Lutheran Home of the Good Shepherd ("Lutheran Home") to the Northern Montana Care Center ("Care Center"), a corporate subsidiary of Northern Montana Health Care, Inc. (NMHCI).1 This transition was accomplished without any shutdown of operations or removal of patients. However, the minimal...

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