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N.L.R.B. v. FRESH & EASY NEIGHBORHOOD MARKET, INC.

No. 12-55828.

805 F.3d 1155 (2015)

NATIONAL LABOR RELATIONS BOARD, On Relation of the United Food and Commercial Workers International Union, Petitioner-Appellee, United Food and Commercial Workers International Union, Intervenor-Plaintiff-Appellee, v. FRESH AND EASY NEIGHBORHOOD MARKET, INC., Respondent-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed November 13, 2015.

Attorney(s) appearing for the Case

Stuart Newman (argued), Seyfarth Shaw LLP, Atlanta, GA; Joshua L. Ditelberg , Seyfarth Shaw LLP, Chicago, IL, for Respondent-Appellant.

David A. Rosenfeld (argued) and Sean D. Graham , Weinberg, Roger & Rosenfeld, Alameda, CA, for Petitioner-Appellee.

Before: HARRY PREGERSON, MICHAEL R. MURPHY, and MARSHA S. BERZON, Circuit Judges.

OPINION

Petitioner-Appellee United Food and Commercial Workers Union (the "Union") asks this court to enforce a subpoena duces tecum it served on Respondent-Appellant Fresh & Easy Neighborhood Market, Inc. ("Fresh & Easy") in advance of a hearing before the National Labor Relations Board (the "NLRB" or "Board...

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