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LEE LUMBER AND BLDG. MATERIAL CORP. v. N.L.R.B.

No. 01-1336.

310 F.3d 209 (2002)

LEE LUMBER AND BUILDING MATERIAL CORP., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2002.

Attorney(s) appearing for the Case

James S. Frank argued the cause for petitioner. With him on the briefs was Steven M. Post.

Frederick C. Havard, Supervisory Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Bridget O'Connor, Attorney. Jill A. Griffin, Attorney, entered an appearance.

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

Opinion for the Court filed by Circuit Judge GARLAND.

Concurring opinion filed by Circuit Judge SENTELLE.

GARLAND, Circuit Judge:

Lee Lumber and Building Material Corporation petitions for review of a National Labor Relations Board (NLRB) decision, while the Board cross-applies for enforcement. The Board held that the company committed several unfair labor practices, including an unlawful refusal to bargain, and ordered it to cease and desist from...

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