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PACIFIC MARITIME ASSOCIATION v. N.L.R.B.

No. 13-35818.

827 F.3d 1203 (2016)

PACIFIC MARITIME ASSOCIATION, Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 8, 2016.

Attorney(s) appearing for the Case

David Hitoshi Mori (argued) and Denis F. Meiners , Attorneys; Kevin P. Flanagan , Supervisory Attorney; Nancy E. Kessler Platt , Deputy Assistant General Counsel; Abby Propis Simms , Assistant General Counsel; Eric G. Moskowitz , Acting Assistant General Counsel; Margery E. Lieber , Associate General Counsel; Jennifer Abruzzo , Deputy General Counsel; Richard F. Griffin, Jr. , General Counsel; National Labor Relations Board, Washington, D.C.; for Defendant-Appellant.

Charles I. Cohen (argued), Jonathan C. Fritts , and David R. Broderdorf , Morgan, Lewis & Bockius LLP, Washington, D.C.; Clifford D. Sethness , Los Angeles, California; for Plaintiff-Appellee.

Michael T. Garone , Schwabe, Williamson & Wyatt, P.C., Portland, Oregon, for Amicus Curiae ICTSI Oregon, Inc.

Before: Raymond C. Fisher, Marsha S. Berzon, and Paul J. Watford, Circuit Judges.

OPINION

The National Labor Relations Board ("NLRB" or "the Board") challenges the district court's ruling that it had subject matter jurisdiction to vacate an interlocutory decision of the Board issued under § 10(k) of the National Labor Relations Act ("the Act"). The district court held that jurisdiction was...

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