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OVERNITE TRANSP. CO. v. N.L.R.B.

Nos. 99-2494, 00-1065.

240 F.3d 325 (2001)

OVERNITE TRANSPORTATION COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Brotherhood of Teamsters, Intervenor. National Labor Relations Board, Petitioner, v. Overnite Transportation Company, Respondent, International Brotherhood of Teamsters, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided February 16, 2001.

Attorney(s) appearing for the Case

ARGUED: Kenneth T. Lopatka, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. William Maurice Bernstein, Senior Attorney, National Labor Relations Board, Washington, D.C., for Board. Carey Robert Butsavage, Butsavage & Associates, P.C., Washington, D.C., for Teamsters. ON BRIEF: Kenneth F. Sparks, Christopher A. Johlie, Matkov, Salzman, Madoff & Gunn, Chicago, Illinois, for Overnite. Leonard R. Page, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, Washington, D.C., for Board. Marc A. Stefan, Butsavage & Associates, P.C., Washington, D.C., for Teamsters.

Before NIEMEYER and KING, Circuit Judges, and KEELEY, United States District Judge for the Northern District of West Virginia, sitting by designation.

Petition for review denied and cross-application for enforcement granted by published opinion. Judge KING wrote the majority opinion, in which Judge KEELEY joined. Judge NIEMEYER wrote a dissenting opinion.

OPINION

KING, Circuit Judge:

Overnite Transportation Company petitions for review of the Decision and Order (the "Order") entered against it on November 10, 1999, by the National Labor Relations Board (the "Board"). Pursuant to its statutory authority...

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