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N.L.R.B. v. HARTMAN AND TYNER, INC.

No. 12-14508.

714 F.3d 1244 (2013)

NATIONAL LABOR RELATIONS BOARD, Plaintiff-Appellant, v. HARTMAN AND TYNER, INC., d.b.a. Mardi Gras Casino, Hollywood Concessions, Inc., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

April 16, 2013.

Attorney(s) appearing for the Case

Elinor L. Merberg , Richard J. Lussier , Laura T. Vazquez , NLRB, Washington, DC, Susy Kucera , NLRB, Region 12 Miami Resident Office, Miami FL, Christopher Zerby, NLRB, Gen. Counsel, Tampa, FL, for Plaintiff-Appellant.

Robert Louis Norton , Suhaill Maehado , Peter L. Sampo , Allen, Norton & Blue, PA, Coral Gables , FL, Brian Koji , Allen, Norton & Blue, PA, Tampa, FL, for Defendants-Appellees.

Before MARCUS, BLACK and SILER, Circuit Judges.

MARCUS, Circuit Judge:

The National Labor Relations Board ("NLRB" or the "Board") appeals from the district court's decision to deny the NLRB temporary injunctive relief pending a final order from the NLRB in administrative proceedings. The underlying labor dispute involves an administrative complaint filed by the NLRB against Hartman and Tyner, Inc. d/b/a Mardi Gras Casino, and Hollywood Concessions, Inc. ("Mardi Gras"). The NLRB claims that Mardi Gras unlawfully...

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