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ASHLEY v. NATIONAL LABOR RELATIONS BD.

No. 1:06CV00316.

454 F.Supp.2d 441 (2006)

Fred ASHLEY, Randy Fowler, Henry Juarez, Andrew Turner, Plaintiffs, v. NATIONAL LABOR RELATIONS BOARD, Robert J. Battista, in his official capacity as Chairman of the National labor Relations It card, Peter C. Schaumber, Wilma R. Liebman, Peter N. Kirsanow, Dennis P. Walsh, in their official capacities as members of the National Labor: Relations Board, Willie IL. Clark, Jr., in his official capacity as the Regional Director of the Eleventh Region of the National: Labor Relations Board, Defendants.

United States District Court, M.D. North Carolina.

September 25, 2006.

Attorney(s) appearing for the Case

Philip Marshall Van Hoy, Stephen J. Dunn, Van Hoy Reutlinger Adams & Dunn, Charlotte, NC, William L. Messenger, National Right to Work Legal Defense Foundation, Springfield, VA, for Plaintiffs.

Kye D. Pawlenko, Eric G. Moskowitz, National Labor Relations Board, Washington, DC, Rosetta Baker Lane, National Labor Relations Board, Winston-Salem, NC, for Defendants.

MEMORANDUM OPINION

OSTEEN, District Judge.

Plaintiffs Fred Ashley, Randy Fowler, Henry Juarez, and Andrew Turner (collectively, "Plaintiffs") filed this action against Defendant National Labor Relations Board ("NLRB") alleging a deprivation of liberty and property interests without due process of law in violation of the Fifth Amendment. Pending before this court is Defendants' motion to dismiss for failure

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