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ALPO PETFOODS, INC. v. N.L.R.B.

Nos. 96-1572, 96-1604.

126 F.3d 246 (1997)

ALPO PETFOODS, INCORPORATED; Friskies Petcare, a Division of the Nestle Food Company, Petitioners, v. NATIONAL LABOR RELATIONS BOARD; Oil, Chemical & Atomic Workers International Union, Respondents. NATIONAL LABOR RELATIONS BOARD, Petitioners, v. ALPO PETFOODS, INCORPORATED; Friskies Petcare, a Division of the Nestle Food Company, Respondents.

United States Court of Appeals, Fourth Circuit.

Decided September 11, 1997.

Attorney(s) appearing for the Case

ARGUED: Steven Robert Wall, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for Petitioners. Jill Ann Griffin, National Labor Relations Board, Washington, DC, for Respondent. ON BRIEF: Barry E. Gosin, Morgan, Lewis & Bockius, L.L.P., Philadelphia, PA, for Petitioners. Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, Paul J. Spielberg, Deputy Assistant General Counsel, National Labor Relations Board, Washington, DC, for Respondent.

Before HALL and ERVIN, Circuit Judges, and MICHAEL, Senior United States District Judge for the Western District of Virginia, sitting by designation.

Petition denied and enforcement granted by unpublished opinion. Judge ERVIN wrote the opinion, in which Judge K.K. HALL and Senior Judge MICHAEL joined.

OPINION

ERVIN, Circuit Judge:

Petitioner/Cross-Respondent Alpo Pet Foods, Inc. (Alpo) petitions for review of a decision and order of the National Labor Relations Board (Board), Respondent/Cross-Petitioner here, finding that Alpo had violated the National Labor Relations Act when it laid off three...

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