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OVERSTREET v. WESTERN PROFESSIONAL HOCKEY LEAGUE

No. CV-09-0591-PHX-ROS.

656 F.Supp.2d 1114 (2009)

Cornele A. OVERSTREET, Regional Director of the Twenty-Eighth Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner, v. WESTERN PROFESSIONAL HOCKEY LEAGUE, INC., Respondent.

United States District Court, D. Arizona.

September 8, 2009.

Attorney(s) appearing for the Case

David Andrew Kelly, Paul R. Irving, National Labor Relations Board, Phoenix, AZ, for Petitioner.

Michael Christopher Grubbs, Raymond Myles Deeny, Thomas J. Kennedy, Sherman & Howard LLC, Phoenix, AZ, for Respondent.

ORDER

ROSLYN O. SILVER, District Judge.

Background

On December 16, 2007, the National Labor Relations Board ("NLRB" or "Board") was reduced to four members, from a full complement of five, when the term of then-Chairman Battista expired. The remaining Board Members were Liebman, Schaumber, Kirsanow and Walsh. On December 28, 2007, the four-member Board delegated its litigation authority to NLRB General Counsel and its remaining powers to Board...

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