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N.L.R.B. v. PEPSI COLA BOTTLING, FAYETTVILLE, INC.

No. 00-1970.

258 F.3d 305 (2001)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. PEPSI COLA BOTTLING COMPANY OF FAYETTEVILLE, INCORPORATED, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: July 25, 2001.

Attorney(s) appearing for the Case

ARGUED: Scott Matthew Wich, CLIFTON, BUDD & DEMARIA, L.L.P., New York, New York, for Pepsi. William M. Bernstein, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

ON BRIEF: Thomas W. Budd, CLIFTON, BUDD & DEMARIA, L.L.P., New York, New York, for Pepsi. Leonard R. Page, Acting General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

Before NIEMEYER, WILLIAMS, and KING, Circuit Judges.

Enforcement denied and case remanded with instructions by published opinion. Judge Williams wrote the opinion, in which Judge Niemeyer and Judge King joined.

OPINION

WILLIAMS, Circuit Judge:

In this case, the Pepsi Cola Bottling Company of Fayetteville, Inc., (Pepsi), appeals from an order of the National Labor Relations Board (NLRB) ordering the payment of backpay to employees Christopher Hyatt and Robert Munn. Because Pepsi was prevented from introducing...

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