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N.L.R.B. v. YONKERS ASSOCIATES, 94 L.P.

No. 04-2889-AG.

416 F.3d 119 (2005)

NATIONAL LABOR RELATIONS BOARD, Petitioner, and Service Employees International Union Local 32B-J, Intervenor v. YONKERS ASSOCIATES, 94 L.P. Respondent.

United States Court of Appeals, Second Circuit.

Decided: June 6, 2005.

Publication Ordered: July 20, 2005.

Attorney(s) appearing for the Case

Margaret A. Gaines, Settlement Director; Ruth E. Burdick, Attorney, National Labor Relations Board, Washington, D.C. (Arthur F. Rosenfeld, General Counsel; John E. Higgins, Jr., Deputy General Counsel; John H. Ferguson, Assoc. General Counsel; Aileen A. Armstrong, Deputy Assoc. General Counsel, on the brief), for Petitioner.

Larry Engelstein, Lyle Rowan, New York, New York; James B. Coppess, Washington, D.C., for Intervenor.

Joel E. Cohen, McDermott Will & Emery, New York, New York, for Respondent.

Before: STRAUB, HALL, Circuit Judges, and KAPLAN, District Judge.

PER CURIAM.

The National Labor Relations Board ("Board") brought this petition, pursuant to 29 U.S.C. § 160(e), to enforce its December 4, 2003, Decision and Order against Respondent Yonkers Associates ("Yonkers"). We assume the parties' familiarity with the facts, decision below, and issues on appeal. For the reasons that follow, we grant the Board's petition.2

In December 1993, Yonkers, which owns, operates, and rents apartment...

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