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MIDWEST PRECISION HEATING v. N.L.R.B.

Nos. 04-1862, 04-2056.

408 F.3d 450 (2005)

MIDWEST PRECISION HEATING AND COOLING, INC.; Midwest Heating and Air Conditioning, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. National Labor Relations Board, Petitioner, v. Midwest Precision Heating and Cooling, Inc.; Midwest Hearing and Air Conditioning, Inc., Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2005.

Attorney(s) appearing for the Case

Thomas M. Moore, argued, Kansas City, Missouri (S. Owen Griffin on the brief), for petitioners/cross-appellants.

Steven B. Goldstein, argued, Washington, D.C. (Robert J. Englehart, Arthur F. Rosenfeld, John E. Higgins, Jr., John H. Ferguson, and Aileen A. Armstrong on the brief), for respondent/cross-petitioner.

Before SMITH, HEANEY, and COLLOTON, Circuit Judges.

SMITH, Circuit Judge.

In this appeal from the National Labor Relations Board ("NLRB"), Midwest Heating and Air Conditioning, Inc. ("Midwest Air Conditioning") seeks reversal of two NLRB rulings: (1) that Midwest Air Conditioning was the alter ego of Midwest Precision Heating and Cooling ("Precision") and (2) that Midwest Air Conditioning violated the National Labor Relations Act, specifically, 29 U.S.C. §§ 158(a)(1), (3), and (5). Finding no error, we affirm...

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