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DUNKIN' DONUTS MID-ATLANTIC v. N.L.R.B.

Nos. 02-1334, 02-1335 and 02-1369.

363 F.3d 437 (2004)

DUNKIN' DONUTS MID-ATLANTIC DISTRIBUTION CENTER, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. United Food and Commercial Workers Union, Local No. 1360, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 2, 2004.

Attorney(s) appearing for the Case

Mark Peters argued the cause for petitioner Dunkin' Donuts Mid-Atlantic Distribution Center, Inc. With him on the briefs was Alison J. Little.

Ronald I. Tisch argued the cause for petitioner Aldworth Company, Inc. With him on the briefs were Peter A. Susser and Jason Branciforte.

William M. Bernstein, Senior 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 Margaret A. Gaines, Supervisory Attorney.

Before: GINSBURG, Chief Judge, RANDOLPH and ROBERTS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

These petitions for review, and the National Labor Relations Board's cross-petition for enforcement, primarily raise fact-bound issues relating to the Board's finding of joint employer status and its issuance of a bargaining order.

Dunkin' Donuts Mid-Atlantic Distribution Center, Inc. shipped products from its warehouse in Swedesboro, New Jersey, to

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