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KING CURB v. N.L.R.B.

No. 01-1247.

291 F.3d 847 (2002)

KING CURB, a Division of Span Construction and Engineering, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2002.

Attorney(s) appearing for the Case

Patrick W. Jordan argued the cause and filed the briefs for petitioner.

Kathleen E. Lyon, Attorney, National Labor Relations Board, argued the cause for respondent. With her on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Sharon I. Block, Supervisory Attorney.

Before: SENTELLE, RANDOLPH, and GARLAND, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

King Curb petitions for review, and the National Labor Relations Board cross-petitions for enforcement, of a Board order finding the company in violation of § 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) & (5). The questions in the case center on whether the Board, through its Regional Director, properly determined that former employees...

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