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  5. 979 F.2d 1384 (1992)
 

N.L.R.B. v. VIOLA INDUSTRIES-ELEVATOR DIV., INC.

Nos. 88-1837, 89-3024.

979 F.2d 1384 (1992)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. VIOLA INDUSTRIES-ELEVATOR DIVISION, INC., and its alter ego, Viola Industries, Inc., Respondent. International Union Of Elevator Constructors, Intervenor. NATIONAL ELEVATOR INDUSTRY WELFARE PLAN, National Elevator Industry Pension Plan, and National Elevator Industry Educational Plan, Plaintiffs-Appellees, v. VIOLA INDUSTRIES, INC. and Viola Industries-Elevator Division, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Opinion on Rehearing November 2, 1992.

Attorney(s) appearing for the Case

Laurence S. Zakson (Rosemary M. Collyer, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen Armstrong, Deputy Associate Gen. Counsel, Collis Suzanne Stocking, Supervisory Atty., and Margaret Gaines Bezou, Attorney), N.L.R.B., Washington, D.C., for petitioner.

Stewart L. Entz (Richard D. Anderson with him on the brief), of Entz, Anderson, Friend & Chanay, Topeka, Kansas, for respondent.

Francis J. Martorana (Donald J. Capuano and Sally M. Tedrow with him on the brief), of O'Donoghue & O'Donoghue, Washington, D.C., for intervenor.

Joseph P. Boyle (Sally M. Tedrow with him on the brief), of O'Donoghue & O'Donoghue, Philadelphia, Pa., for plaintiffs-appellees.

Richard D. Anderson of Entz, Anderson and Chanay, Topeka, Kan., for defendants-appellants.

Before SEYMOUR, HOLLOWAY, and EBEL, Circuit Judges.

Opinion on Rehearing En Banc November 2, 1992.

ON APPLICATION FOR ENFORCEMENT OF AN ORDER OF THE NATIONAL LABOR RELATIONS BOARD (No. 5-CA-15990)

HOLLOWAY, Circuit Judge.

This case arises from two separate proceedings which have been consolidated here. The petitioner National Labor Relations Board (the Board) has brought the first of these proceedings (No. 88-1837) to enforce its order based on the finding that the respondents Viola Industries-Elevator...

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