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OVERSTREET v. EL PASO DISPOSAL, L.P.

No. 09-51006.

625 F.3d 844 (2010)

Cornele A. OVERSTREET, Regional Director of Region 28 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Plaintiff-Appellee, v. EL PASO DISPOSAL, L.P., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

November 4, 2010.

Attorney(s) appearing for the Case

Judith Ilene Katz , Asst. Atty. Gen., Amy Lauren Dodds , Steven Lewis Sokolow , Deputy Asst. Gen. Counsel (argued), NLRB, App. Ct. Branch, Washington, DC, for Overstreet.

Mark R. Flora , Constangy, Brooks & Smith, L.L.P., Austin, TX, Charles Preyer Roberts, III (argued), Constangy, Brooks & Smith, L.L.P., Winston-Salem, NC, for Defendant-Appellant.

Before SMITH, WIENER, and ELROD, Circuit Judges.

WIENER, Circuit Judge:

Following union certification, thirteen months of bargaining, and a strike, Plaintiff-Appellee the National Labor Relations Board ("the NLRB" or "the Board") filed charges of unfair practices against Defendant-Appellant El Paso Disposal ("EPD"). The NLRB also filed a petition in the district court for temporary injunctive relief, seeking to force EPD to (1) cease and desist from alleged unfair labor practices, (2) recognize and bargain in good...

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