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TINKER AIR FORCE BASE v. F.L.R.A.

Nos. 01-9528, 02-9515.

321 F.3d 1242 (2002)

TINKER AIR FORCE BASE, Oklahoma City Logistics Center, Oklahoma City, Oklahoma, Petitioner, v. FEDERAL LABOR RELATIONS AUTHORITY, Respondent. American Federation of Government Employees, Local 916, Intervenor.

United States Court of Appeals, Tenth Circuit.

November 4, 2002.

Attorney(s) appearing for the Case

Submitted on the briefs:*

Robert D. McCallum, Jr., Assistant Attorney General, William Kanter and Sandra Wien Simon, Attorneys, Appellate Staff, Civil Division, Department of Justice, Washington, DC, for Petitioner.

David M. Smith, Solicitor, William R. Tobey, Deputy Solicitor, and James F. Blandford, Attorney, Federal Labor Relations Authority, Washington DC, for Respondent.

Kevin M. Grile, Assistant General Counsel, American Federation of Government Employees, AFL-CIO, Chicago, IL, for Intervenor.

Before SEYMOUR, HOLLOWAY and EBEL, Circuit Judges.

EBEL, Circuit Judge.

Petitioner Tinker Air Force Base (Tinker AFB) seeks review of a determination by the Federal Labor Relations Authority (FLRA) that Tinker AFB committed an unfair labor practice. The FLRA crosspetitioned for enforcement of its order and moved to dismiss Tinker AFB's petition asserting that this court lacks subject matter jurisdiction to consider the petition. We DISMISS Tinker AFB's petition because we lack jurisdiction to consider it and we GRANT...

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