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N.L.R.B. v. HARRIS TEETER SUPERMARKETS

No. 79-1792.

215 F.3d 32 (2000)

NATIONAL LABOR RELATIONS BOARD, Respondent, v. HARRIS TEETER SUPERMARKETS, Movant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 13, 2000.

Attorney(s) appearing for the Case

D. Christopher Lauderdale argued the cause for Movant. With him on the briefs was J. Howard Daniel.

Stanley R. Zirkin, Deputy Assistant General Counsel, National Labor Relations Board, argued the cause for respondent. With him on the brief were Leonard R. Page, General Counsel, Linda Sher, Associate General Counsel, and Gary Shinners, Assistant General Counsel. Aileen A. Armstrong, Deputy Associate General Counsel, entered an appearance.

Before: SENTELLE, TATEL and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

This matter comes before us on Harris Teeter Supermarkets' motion to vacate a consent decree we approved in 1986 pertaining to conduct by the company which gave rise to allegations of labor law violations. In seeking this relief, the company fails to demonstrate any harm resulting from the decree's continuing effect distinct from the harms inherent in any injunctive restraint,...

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