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MAJESTIC STAR CASINO, LLC v. N.L.R.B.

Nos. 03-1088, 03-1101.

373 F.3d 1345 (2004)

MAJESTIC STAR CASINO, LLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent United Steelworkers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2004.

Attorney(s) appearing for the Case

James Baird argued the cause for petitioner. With him on the briefs were Joshua L. Ditelberg and James R. Cho.

Eric D. Duryea, Attorney, National Labor Relations Board, argued the cause for respondent. With him on the brief were Arthur F. Rosenfeld, General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, and Howard E. Perlstein, Deputy Assistant General Counsel. David S. Habenstreit and Kira D. Vol, Attorneys, entered appearances.

Amanda Green argued the cause for intervenor. With her on the brief was Richard J. Brean.

Before: EDWARDS, SENTELLE and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Majestic Star Casino, LLC ("Majestic" and "the company") petitions this Court for review of a decision and order of the National Labor Relations Board ("NLRB" and "Board") in an unfair labor practice proceeding. Majestic contests the Board's underlying certification of the union, arguing both that the Board erred in ruling on its election...

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