AGRI v. NAT’L. LABOR, 06-1329 (D.C. Cir. 1-4-2008)


AGRI PROCESSOR CO. INC., PETITIONER v. NATIONAL LABOR RELATIONS BOARD, RESPONDENT.

No. 06-1329.United States Court of Appeals, District of Columbia Circuit.
FILED ON: JANUARY 4, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

On Petition for Review and Cross-Application for Enforcement of an Order of the National Labor Relations Board, Consolidated with 06-1349.

Before: HENDERSON, TATEL and KAVANAUGH, Circuit Judges.

Per Curiam.

JUDGMENT
This cause came on to be heard on the petition for review and cross-application for enforcement of an Order of the National Labor Relations Board and was argued by counsel. On consideration thereof, it is.

ORDERED and ADJUDGED that the petition for review is denied and the cross-application for enforcement is granted, in accordance with the opinion of the court filed herein this date.

Opinion for the court filed by Circuit Judge Tatel.

Concurring opinion filed by Circuit Judge Henderson.

Dissenting opinion filed by Circuit Judge Kavanaugh.

Page 2

It is ORDERED, on the court’s own motion, that the Clerk withhold issuance of the mandate herein until seven days after disposition of any timely petition for rehearing or petition for rehearing en banc. See Fed.R.App.P. 41(b); D.C. Cir. Rule 41. This instruction to the Clerk is without prejudice to the right of any party to move for expedited issuance of the mandate for good cause shown.