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N.L.R.B. v. MINING SPECIALISTS, INC.

No. 02-1663.

326 F.3d 602 (2003)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MINING SPECIALISTS, INCORPORATED, and its alter ego or successor; Point Mining, Inc., Respondents.

United States Court of Appeals, Fourth Circuit.

Decided: April 24, 2003.

Attorney(s) appearing for the Case

ARGUED: Erin Magee Condaras, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Mining Specialists. Joan Elizabeth Hoyte, National Labor Relations Board, Washington, D.C., for Board. ON BRIEF: Daniel L. Stickler, Jackson & Kelly, P.L.L.C., Charleston, West Virginia, for Mining Specialists. Arthur F. Rosenfeld, General, John E. Higgins, Jr., Deputy General, John H. Ferguson, Associate General, Aileen A. Armstrong, Deputy Associate General, Peter Winkler, Deputy Assistant General, National Labor Relations Board, Washington, D.C., for Board.

Before WILKINSON and MOTZ, Circuit Judges, and JONES, United States District Judge for the Western District of Virginia, sitting by designation.

Enforcement granted by published opinion. Judge WILKINSON wrote the opinion, in which Judge DIANA GRIBBON MOTZ and Judge JONES joined.

OPINION

WILKINSON, Circuit Judge:

The National Labor Relations Board petitions for enforcement of an order issued against Mining Specialists, Inc., and its alter ego or successor Point Mining, Inc. The company failed to afford employees Afton Willis and Chester Murphy notice of their contractually guaranteed right...

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