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N.L.R.B. v. TRANSPERSONNEL, INC.

Nos. 02-2344, 02-2414.

349 F.3d 175 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRANSPERSONNEL, INCORPORATED, Respondent. Transpersonnel, Incorporated, Petitioner, v. National Labor Relations Board, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: November 13, 2003.

Attorney(s) appearing for the Case

ARGUED: Donald Christopher Lauderdale, Haynsworth, Baldwin, Johnson & Greaves, L.L.C., Greenville, South Carolina, for Transpersonnel. Ruth Elizabeth Burdick, National Labor Relations Board, Washington, D.C., for Board. ON BRIEF: Arthur R. Rosenfeld, General, Counsel, John E. Higgins, Jr., John E. Higgins, Jr., Deputy General, Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General, Counsel, Margaret A. Gaines, Supervisory Attorney, National Labor Relations Board, Washington, D.C., for Board.

Before WILKINSON, LUTTIG, and SHEDD, Circuit Judges.

Application for enforcement granted in part and denied in part, and cross-petition for review granted in part and denied in part by published opinion. Judge SHEDD wrote the opinion. Judge LUTTIG wrote an opinion concurring in part and dissenting in part. Judge WILKINSON wrote a dissenting opinion.

OPINION

SHEDD, Circuit Judge:

This case is before the Court on the application for enforcement filed by the National Labor Relations Board (the Board)...

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