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N.L.R.B. v. LEIFERMAN ENTERPRISES, LLC

Nos. 10-2801, 10-2978.

649 F.3d 873 (2011)

NATIONAL LABOR RELATIONS BOARD, Petitioner/Cross-Respondent, v. LEIFERMAN ENTERPRISES, LLC, doing business as Harmon Auto Glass and its successor Auto Glass Repair and Windshield Replacement Service, Inc., Respondent/Cross-Petitioner.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2011.

Attorney(s) appearing for the Case

David A. Seid , argued, Usha Dheenan , attorney with the NLRB, on the brief, Washington, DC, for petitioner NLRB.

Gregory M. Erickson , argued, Minneapolis, MN, for respondent.

Before SMITH, ARNOLD, and SHEPHERD, Circuit Judges.

SMITH, Circuit Judge.

Leiferman Enterprises, LLC ("Leiferman") unilaterally suspended negotiations with the International Union of Painters and Allied Trades District Council 82 (the "Union") regarding the renewal of the two parties' collective-bargaining agreement. The National Labor Relations Board (the "Board") eventually filed a complaint, but, during the litigation's pendency, a secured creditor forced Leiferman into receivership. During the receivership, the...

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