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ASSOCIATED BUILDERS AND CONT. OF TEXAS v. NLRB

No. 15-50497.

826 F.3d 215 (2016)

ASSOCIATED BUILDERS AND CONTRACTORS OF TEXAS, INCORPORATED; Associated Builders and Contractors, Incorporated Central Texas Chapter; National Federation of Independent Business/Texas, Plaintiffs-Appellants v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Filed June 10, 2016.

Attorney(s) appearing for the Case

Maurice Baskin , Littler Mendelson, P.C., Suite 400, 815 Connecticut Avenue, NW, Washington, DC 20006, G. Mark Jodon , Littler Mendelson, P.C., Suite 1900, 1301 McKinney Street , Houston, TX 77010, for Plaintiffs-Appellants.

Nancy Kessler Platt , Deputy Associate General Counsel, Kevin Patrick Flanagan, Esq. , Dawn Goldstein , Barbara A. O'Neill, Esq. , Paul A. Thomas , Trial Attorney, Marissa Ann Wagner , National Labor Relations Board, Contempt, Compliance, & Special Litigation Branch, 1015 Half Street, S.E., Washington, DC 20003, for Defendant-Appellee.

Jason Edward Winford , Jenkins & Watkins, P.C., Suite 200, 2626 Cole Avenue Dallas, TX 75204, Milton L. Chappell , National Right to Work, Legal Defense Foundation, Suite 600, 8001 Braddock Road, Springfield, VA 22160, for Amici Curiae National Right to Work Legal Defense Foundation, Shannon W. Cotton, Michael A. Murphy, Jorge Gonzalez Villareal.

Anthony Barrett Byergo , Ogletree Deakins, P.C., Suite 400, 4520 Main Street, Kansas City, MO 64111, for Amicus Curiae Retail Litigation Center, Incorporated.

Before CLEMENT and HAYNES, Circuit Judges, and GARCIA MARMOLEJO, District Court.

Appellants, Associated Builders and Contractors of Texas, Inc., its chapter member, the Central Texas Chapter of ABC of Texas, and the National Federal of Independent Business/Texas (collectively, the "ABC entities"), are Texas-based trade and advocacy associations that represent construction employers and small...

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