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SDBC HOLDINGS, INC. v. N.L.R.B.

Nos. 10-3709, 10-4230 XAP.

711 F.3d 281 (2013)

SDBC HOLDINGS, INC., f/k/a Stella D'oro Biscuit Co., Inc., Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided: March 28, 2013.

Attorney(s) appearing for the Case

Mark A. Jacoby , Weil, Gotshal & Manges LLP, New York, N.Y. ( Lawrence J. Baer , on the brief) for Petitioner-Cross-Respondent.

Elizabeth A. Heaney , National Labor Relations Board ( Julie Broido , Supervisory Attorney; Lafe E. Solomon , Acting General Counsel; Celeste J. Mattina , Acting Deputy General Counsel; John H. Ferguson , Associate General Counsel; Linda Dreeben , Deputy Associate General Counsel, on the brief) for Respondent-Cross-Petitioner.

Before: CABRANES, LIVINGSTON, and CHIN, Circuit Judges.

LIVINGSTON, Circuit Judge:

Petitioner-Cross-Respondent SDBC Holdings, Inc. ("SDBC"), formerly known as Stella D'oro Biscuit Co., Inc. ("Stella D'oro" or "the Company"),1 petitions this Court for review of a decision and order by the National Labor Relations Board ("NLRB" or "the Board"), which held that Stella D'oro engaged in unfair labor practices principally by declining to permit Local 50, Bakery, Confectionary, Tobacco Workers and...

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