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ANHEUSER-BUSCH, INC. v. N.L.R.B.

Nos. 02-1740, 02-1897.

338 F.3d 267 (2003)

ANHEUSER-BUSCH, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Anheuser-Busch, Incorporated, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: August 1, 2003.

Attorney(s) appearing for the Case

ARGUED: Arthur G. Telegen, FOLEY HOAG, L.L.P., Boston, Massachusetts, for Anheuser-Busch.

Christopher Warren Young, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

ON BRIEF: Robert A. Fisher, FOLEY HOAG, L.L.P., Boston, Massachusetts, for Anheuser-Busch. Arthur F. Rosenfeld, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Frederick C. Havard, Supervisory Attorney, NATIONAL LABOR RELATIONS BOARD, Washington, D.C., for Board.

Before WIDENER, KING, and SHEDD, Circuit Judges.

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

OPINION

KING, Circuit Judge:

Anheuser-Busch Incorporated ("Busch") petitions this Court for review of a Decision and Order entered against it by the National Labor Relations Board (the "Board"). Anheuser-Busch, Inc.,

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