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SALMON RUN SHOPPING CENTER LLC v. N.L.R.B.

Docket Nos. 06-4961-ag(L), 06-5510-ag(XAP).

534 F.3d 108 (2008)

SALMON RUN SHOPPING CENTER LLC, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: July 18, 2008.

Attorney(s) appearing for the Case

David M. Garber (Christian P. Jones and Stephen T. Helmer, on the brief), Mackenzie Hughes LLP, Syracuse, NY, for Petitioner-Cross Respondent.

Kira Dellinger Vol, Washington, DC, (Julie B. Broido, Supervisory Attorney, Ronald Meisburg, General Counsel, John E. Higgins, Jr., Deputy General Counsel, John H. Ferguson, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, on the brief), National Labor Relations Board, Washington, DC, for Respondent-Cross Petitioners.

Before: CABRANES and WESLEY, Circuit Judges, and CASTEL, District Judge.

CASTEL, District Judge:

This is a petition by the operator of a shopping mall, Salmon Run Shopping Center, LLC, to review a final order of the National Labor Relations Board ("NLRB" or "Board") directing it to cease and desist from denying members of the Empire State Council of Carpenters and members of its Local 747 (collectively, the "Carpenters' Union") access to its mall for the purpose of distributing literature. The Board has cross-petitioned for enforcement...

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