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TRI-STATE HEALTH SERVICE, INC. v. N.L.R.B.

No. 03-60498.

374 F.3d 347 (2004)

TRI-STATE HEALTH SERVICE, INC., Doing Business as Eden Gardens Nursing Home, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 21, 2004.

Attorney(s) appearing for the Case

S. Price Barker (argued), Rebecca Lear Castillo, Cook, Yancey, King & Galloway, Shreveport, LA, for Tri-State Health Service, Inc.

Aileen A. Armstrong, Deputy Associate General Counsel (argued), Howard E. Perlstein, Richard A. Cohen, N.L.R.B., Washington, DC, Rodney D. Johnson, N.L.R.B., New Orleans, LA, for N.L.R.B.

Before GARWOOD, HIGGINBOTHAM and SMITH, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Tri-State Health Service, Inc. ("Tri-State"), seeks review of a decision of the National Labor Relations Board ("NLRB" or "Board") finding that Tri-State lacked a good faith doubt in the continued majority status of a union with which it refused to bargain. The Board pursues a cross-petition for enforcement. Agreeing with Tri-State that the decision violates Allentown Mack Sales & Serv. Inc. v. NLRB, 522 U.S...

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