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N.L.R.B. v. ATTLEBORO ASSOCIATES, LTD.

Nos. 98-6168, 98-6211.

176 F.3d 154 (1999)

NATIONAL LABOR RELATIONS BOARD, Petitioner in No. 98-6168, v. ATTLEBORO ASSOCIATES, LTD.; Attleboro, Inc., Individually and as Partners d/b/a Attleboro Nursing & Rehabilitation Center, Respondents. Attleboro Associates, Ltd.; Attleboro, Inc., Individually and as Partners d/b/a Attleboro Nursing & Rehabilitation Center, Petitioners in No. 98-6211, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Third Circuit.

Filed April 30, 1999.

Attorney(s) appearing for the Case

Charles Donnelly, Supervisory Attorney, Anne Marie Lofaso (argued), Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, John D. Burgoyne, Acting Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for petitioner in No. 98-6168.

Stephen J. Cabot (argued), Maria L. Petrillo, Michael E. Lignowski, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, PA, for petitioners in No. 98-6211.

Before: GREENBERG, LEWIS, and BRIGHT, Circuit Judges.

OPINION OF THE COURT

GREENBERG, Circuit Judge.

I. INTRODUCTION

These proceedings for enforcement and review of orders of the National Labor Relations Board arising from a dispute over employees' representation requires us again to consider the supervisory status under section 2(11) of the National Labor Relations Act, 29 U.S.C. § 152(11) ("section 2(11)"), of licensed practical nurses (LPNs) employed as charge nurses by a nursing home...

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