SARA LEE BAKERY GROUP, INC. v. N.L.R.B

Nos. 01-2067, 01-2228.

296 F.3d 292 (2002)

SARA LEE BAKERY GROUP, INCORPORATED, formerly known as The Earthgrains Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Sara Lee Bakery Group, Incorporated, formerly known as The Earthgrains Company, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided July 15, 2002.


Attorney(s) appearing for the Case

ARGUED: Charles Preyer Roberts, III, Constangy, Brooks & Smith, L.L.C., Winston-Salem, North Carolina, for Sara Lee. David S. Habenstreit, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board. ON BRIEF: Arthur F. Rosenfeld, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Anne Marie Lofaso, National Labor Relations Board, Washington, D.C., for Board.

Before NIEMEYER and LUTTIG, Circuit Judges, and HERLONG, United States District Judge for the District of South Carolina, sitting by designation.


Petition for review granted in part and denied in part and cross-application for enforcement granted in part and denied in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge HERLONG joined. Judge LUTTIG wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge.

After The Earthgrains Company, Inc., a manufacturer of baked goods, acquired CooperSmith...

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