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McKENZIE ENGINEERING CO. v. N.L.R.B.

Nos. 01-2363, 01-2764.

303 F.3d 902 (2002)

McKENZIE ENGINEERING COMPANY, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: September 12, 2002.

Attorney(s) appearing for the Case

David Joseph Lauth, argued, Minneapolis, MN (Matthew E. Klein, Minneapolis, MN, on the brief), for appellant.

Usha Dheenan, argued, National Labor Relations Board, Washington, D.C. (Margaret A. Gaines, National Labor Relations Board, Washington, D.C., on the brief), for appellee.

Before WOLLMAN, LOKEN, and MURPHY, Circuit Judges.

LOKEN, Circuit Judge.

In late 1996, McKenzie Engineering Co. ("McKenzie") was in a dispute with the United Brotherhood of Carpenters and Joiners (the "Carpenters") after McKenzie fired four members of Carpenters Local 410 and replaced them with non-union workers on a project to repair a dam in Keokuk, Iowa. In December, McKenzie began work on an unrelated project to repair part of the Crescent Bridge that crosses the Mississippi River between Rock Island, Illinois...

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