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NEWSPAPER GUILD OF NEW YORK v. N.L.R.B.

Docket No. 00-4222.

261 F.3d 291 (2001)

Newspaper Guild of New York, Local No. 3 of the Newspaper Guild, Afl-Cio, Petitioner, v. National Labor Relations Board, Respondent, and Nyp Holdings, Inc., Intervenor.

United States Court of Appeals, Second Circuit. August Term, 2000.

Decided: August 10, 2001.

Attorney(s) appearing for the Case

Hanan B. Kolko, Meyer, Suozzi, English & Klein, P.C., New York, N.Y. (Irwin Bluestein, on the brief), for Petitioner.

David A. Seid, National Labor Relations Board, Washington, DC (David Habenstreit, Supervisory Attorney, Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel and Aileen A. Armstrong, Deputy Associate General Counsel, on the brief), for Respondent.

Elliot S. Azoff, Baker & Hostetler LLP, Washington, DC (Betty Southard Murphy and Brian S. Harvey, on the brief), for Intervenor.

Before: JACOBS and LEVAL, Circuit Judges, and MURTHA, Chief District Judge.

JACOBS, Circuit Judge:

This appeal reviews an order of the National Labor Relations Board ("NLRB"), finding that two subsidiaries (of the same corporation) that successively operated the same business are neither alter egos nor a single employer.

News America Publishing Inc. ("News America"), an entity controlled by Rupert Murdoch's News Corporation, formed a subsidiary in March 1993 for the purpose of managing the then-bankrupt New York Post newspaper in...

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