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AMERCO v. N.L.R.B.

No. 04-16389.

458 F.3d 883 (2006)

AMERCO, a Nevada Corporation; U-Haul International Inc., a Nevada corporation; Oxford Life Insurance Company, an Arizona corporation, Plaintiffs-Appellants, v. NATIONAL LABOR RELATIONS BOARD; Robert J. Battista, Chairman, National Labor Relations Board; Wilma B. Liebman, Board Member, National Labor Relations Board; Peter C. Schaumber, Board Member, National Labor Relations Board; Dennis P. Walsh, Board Member, National Labor Relations Board; Peter N. Kirsanow, Board Member, National Labor Relations Board; Ronald E. Meisburg, General Counsel, National Labor Relations Board; Cornele A. Overstreet Regional Director, Region 28, National Labor Relations Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 10, 2006.

Attorney(s) appearing for the Case

Scot L. Claus, Mariscal, Weeks, McIntrye & Friedlander, P.A., Phoenix, AZ, argued the case and was on the briefs for appellants AMERCO, U-Haul International, Inc., and Oxford Life Insurance Company. Gary L. Birnbaum, Mariscal, Weeks, McIntrye & Friedlander, P.A., Phoenix, AZ, and Lawrence D. Levien, Daniel Joseph, and Joshua B. Waxman, Akin Gump Strauss Hauer & Feld LLP, Washington, DC, were on the briefs.

Dawn L. Goldstein, Senior Attorney, National Labor Relations Board, Washington, DC, argued the case and was on the briefs for all the appellees. Arthur F. Rosenfeld, John E. Higgins, Jr., John H. Ferguson, Margery E. Lieber, and Eric G. Moskowitz were on the briefs.

Before PAMELA ANN RYMER and KIM McLANE WARDLAW, Circuit Judges, and WILLIAM ALSUP, District Judge.

WARDLAW, Circuit Judge.

We must address a question that we have never explicitly addressed: whether a district court has jurisdiction to enjoin an ongoing unfair labor practices hearing when one party asserts that it has not been accorded all the process it is due. Because the answer is squarely controlled by Myers v. Bethlehem Shipbuilding Corp., 303 U.S. 41, 58 S.Ct. 459, 82 L.Ed. 638 (1938), we affirm the district court's...

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