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SANDERSON FARMS, INC. v. N.L.R.B.

No. 02-60522.

335 F.3d 445 (2003)

SANDERSON FARMS, INC. (Production Division), Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

July 3, 2003.

Attorney(s) appearing for the Case

Andrew C. Partee, Jr. (argued), Douglas L. Grundmeyer, Heather M. Valliant, Chaffe, McCall, Phillips, Toler & Sarpy, New Orleans, LA, for Petitioner-Cross-Respondent.

Jeffrey Lawrence Horowitz (argued), Aileen A. Armstrong, Deputy Associate Gen. Counsel, Robert J. Englehart, N.L.R.B., Washington, DC, Rodney D. Johnson, N.L.R.B., New Orleans, LA, for Respondent-Cross-Petitioner.

Before SMITH, WIENER, and BARKSDALE, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Sanderson Farms, Inc. (Production Division) ("Sanderson Production"), seeks review of a decision of the National Labor Relations Board ("NLRB" or "Board") finding that live-haul and pull-up drivers employed at Sanderson Production's McComb, Mississippi, facility fell outside the National Labor Relations Act's ("NLRA's") exemption to employee status for agricultural laborers. Sanderson Production...

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