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HOFFMAN EX REL. N.L.R.B. v. INN CREDIBLE CATERERS

Docket No. 00-6235.

247 F.3d 360 (2001)

Peter B. HOFFMAN, Regional Director of Region 34 of the National Labor Relations Board, for and on behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner-Appellant, v. INN CREDIBLE CATERERS, LTD., Respondent-Appellee.

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

Decided: April 11, 2001.

Attorney(s) appearing for the Case

Laura T. Vazquez, Attorney, National Labor Relations Board, Washington, DC, (Leonard R. Page, General Counsel; Mary Joyce Carlson, Deputy General Counsel; Barry J. Kearney, Associate General Counsel; Ellen A. Farrell, Deputy Assoc. General Counsel; Judith I. Katz, Ass't General Counsel), for Petitioner-Appellant.

Thomas R. Gibbons, Hartford, CT, (Cody Jaffe, Jackson Lewis Schnitzler & Krupman), for Respondent-Appellee.

Before WALKER, Chief Judge, and OAKES and LEVAL, Circuit Judges.

OAKES, Senior Circuit Judge:

The National Labor Relations Board ("Board") appeals from the denial of its application for an injunction under § 10(j) of the National Labor Relations Act ("NLRA" or the "Act"), 29 U.S.C. § 160(j) (1998), ordering Inn Credible Caterers, Ltd. ("ICC") to bargain with the Hotel Employees and Restaurant Employees Union Local 100 ("Union"). Applying this Circuit's two-prong § 10(j) injunction test, the United States District...

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