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SMALL v. AVANTI HEALTH SYSTEMS, LLC

No. 11-55563.

661 F.3d 1180 (2011)

James F. SMALL, Regional Director of Region 21 of the National Labor Relations Board for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. AVANTI HEALTH SYSTEMS, LLC; CHHP Holdings II, LLC; CHHP Management, LLC, Respondents-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2011.

Attorney(s) appearing for the Case

Richard W. Kopenhefer and Valerie E. Alter , Sheppard Mullin Richter & Hampton LLP, Los Angeles, CA, for the respondents-appellants.

Lafe E. Solomon , Acting General Counsel, Judith I. Katz , Assistant General Counsel, Celeste J. Mattina , Acting Deputy General Counsel, Steven L. Sokolow , Deputy Assistant General Counsel, Barry J. Kearney , Associate General Counsel, and Richard J. Lussier , Senior Attorney, National Labor Relations Board, Washington, D.C., for the petitioner-appellee.

Before: STEPHEN REINHARDT, KIM McLANE WARDLAW, and MARSHA S. BERZON, Circuit Judges.

OPINION

REINHARDT, Circuit Judge:

I.

In March 2010, Karykeion Inc. sold Community Hospital to CHHP.1 Three days after the sale became final, CHHP took over ownership of Community. CHHP refused, however, to recognize or bargain with the California Nurses Association, the union that had represented the registered nurses at Community under Karykeion's ownership. James Small, Regional Director of Region 21 of the National...

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