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N.L.R.B. v. ST. GEORGE WAREHOUSE, INC.

Nos. 10-3411, 10-3546.

645 F.3d 666 (2011)

NATIONAL LABOR RELATIONS BOARD, Petitioner v. ST. GEORGE WAREHOUSE, INC., Respondent. St. George Warehouse, Inc., Petitioner v. National Labor Relations Board, Respondent.

United States Court of Appeals, Third Circuit.

Opinion filed: June 23, 2011.

Attorney(s) appearing for the Case

Richard A. Cohen, Esq. , Fred B. Jacob, Esq. , Linda Dreeben, Esq. , National Labor Relations Board, Washington, D.C., for Petitioner/Cross-Respondent the National Labor Relations Board.

John A. Craner, Esq. , Craner, Satkin, Scheer & Schwartz, P.C., Scotch Plains, NJ, for Respondent/Cross-Petitioner St. George Warehouse, Inc.

Before: McKEE, Chief Judge, SCIRICA and GARTH, Circuit Judges.

OPINION OF THE COURT

GARTH, Circuit Judge.

The National Labor Relations Board (Board) applies to this Court to enforce, and St. George Warehouse, Inc., (St. George) cross-petitions this Court to review, an order awarding backpay to two former St. George employees who were terminated for unlawfully discriminatory reasons. St. George argues that General Counsel for the Board did not meet its burden of producing evidence...

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