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EPILEPSY FOUNDATION OF NORTHEAST OHIO v. N.L.R.B.

No. 00-1332.

268 F.3d 1095 (2001)

EPILEPSY FOUNDATION OF NORTHEAST OHIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 2, 2001.

Attorney(s) appearing for the Case

Anita Barondes argued the cause for petitioner. With her on the briefs were Peter Chatilovicz, Ronald A. Lindsay, and Steven M. Moss.

Maurice Baskin, Stephen A. Bokat, Robin S. Conrad, Heather L. MacDougall, Daniel V. Yager, Harold P. Coxson Jr., Burton J. Fishman, Robert J. Verdisco, Jan S. Amundson, and Quentin Riegel were on the brief for amici curiae LPA, Inc., et al., in support of petitioner.

Meredith L. Jason, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Frederick L. Cornnell, Jr., Attorney, entered an appearance.

James B. Coppess argued the cause for amicus curiae American Federation of Labor and Congress of Industrial Organizations, in support of respondent. With him on the brief were Jonathan P. Hiatt and Laurence Gold.

Before: EDWARDS, ROGERS, and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

Petitioner, the Epilepsy Foundation of Northeast Ohio ("the Foundation"), challenges a National Labor Relations Board ("NLRB" or "Board") decision finding that the Foundation committed unfair labor practices when it discharged Ashraful Hasan and Arnis Borgs in violation of § 8(a)(1) of the National Labor Relations Act ("NLRA" or "Act"). In reaching this result...

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