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OVERSTREET EX REL. N.L.R.B. v. SFTC, LLC

No. 13-CV-0165 RB/LFG.

943 F.Supp.2d 1296 (2013)

Cornele A. OVERSTREET, Regional Director, Region 28 of the National Labor Relations Board, for and on Behalf of the NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SFTC, LLC d/b/a Santa Fe Tortilla Company, Respondent.

United States District Court, D. New Mexico.

May 9, 2013.

Attorney(s) appearing for the Case

Sophia J. Alonso, David T. Garza, Albuquerque, NM, Brigham Bowen, Ethan Davis, Stephen Buckingham, United States Department of Justice, Washington, DC, for Petitioner.

Danny W. Jarrett, Jackson Lewis, LLP, Albuquerque, NM, Jeffrey W. Toppel, Jackson Lewis LLP, Phoenix, AZ, for Respondent.

ORDER DENYING MOTION TO DISMISS

ROBERT C. BRACK, District Judge.

On February 21, 2013, Petitioner Cornele Overstreet, on behalf of the National Labor Relations Board, filed a Petition for a Temporary Injunction under Section 10(j) of the National Labor Relations Act against Respondent SFTC, LLC, d/b/a Santa Fe Tortilla Company. (Doc. 2). SFTC moved to dismiss the Petition, contending that neither the Board nor the NLRB's General Counsel had authority to...

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