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BROWN & ROOT, INC. v. N.L.R.B.

No. 01-60635.

333 F.3d 628 (2003)

BROWN & ROOT, INC., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 24, 2003.

Attorney(s) appearing for the Case

Howard S. Linzy (argued), Robert Peter Lombardi, The Kullman Firm, New Orleans, LA, for Brown & Root, Inc.

Aileen A. Armstrong, Deputy Associate General Counsel, Frederick Lee Cornnell, David A. Fleischer, National Labor Relations Board, Washington, DC, Rodney D. Johnson, National Labor Relations Board, New Orleans, LA, for N.L.R.B.

Before JOLLY, DUHÉ, and DENNIS, Circuit Judges.

E. GRADY JOLLY, Circuit Judge:

In this appeal we are concerned with whether Brown & Root, Inc. ("Brown & Root") became liable under the National Labor Relations Act, as a successor employer, to the former employees of Brown-Eagle Contractors ("Brown-Eagle") at Ciba Specialty Chemical Corporation's facility in McIntosh, Alabama ("Ciba"). After it bested Brown-Eagle for the contract, Brown & Root met with the Brown-Eagle employees and announced that, upon...

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