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SANDUSKY MALL CO. v. N.L.R.B.

Nos. 99-6400, 99-6596.

242 F.3d 682 (2001)

SANDUSKY MALL COMPANY, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, Northeast Ohio District Council of the United Brotherhood of Carpenters and Joiners of America, AFL-CIO, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided and Filed March 5, 2001.

Attorney(s) appearing for the Case

ARGUED: David A. Fantauzzi, Youngstown, Ohio, for Petitioner.

David A. Fleischer, NATIONAL LABOR RELATIONS BOARD, APPELLATE COURT BRANCH, Washington, D.C., for Respondent.

Stephen A. Markus, ULMER & BERNE, Cleveland, Ohio, for Intervenor.

ON BRIEF: David A. Fantauzzi, Youngstown, Ohio, for Petitioner.

David A. Fleischer, NATIONAL LABOR RELATIONS BOARD, APPELLATE COURT BRANCH, Washington, D.C., for Respondent.

Stephen A. Markus, Eric M. Schreibman, ULMER & BERNE, Cleveland, Ohio, for Intervenor.

Before WELLFORD, SILER, and BATCHELDER, Circuit Judges.

Pursuant to Sixth Circuit Rule 206

WELLFORD, J., delivered the opinion of the court, in which SILER, J., joined. BATCHELDER, J. (p. 19), delivered a separate concurring opinion.

OPINION

HARRY W. WELLFORD, Circuit Judge.

Before this court is an appeal from a decision by a divided National Labor Relations Board ("NLRB") involving handbilling by union members in the mall, owned and operated by Sandusky Mall Company ("Sandusky").

Sandusky...

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