U.S. Court of Appeals for the Fifth Circuit, 1979

National Labor Relations Board v. Highview, Incorporated

U.S. Court of Appeals for the Fifth Circuit · Decided May 2, 1979 · Brown, Tuttle, Thornberry

595 F.2d 339; 101 L.R.R.M. (BNA) 2504; 1979 U.S. App. LEXIS 14990 (Federal Reporter, Second Series)

Opinion

ON PETITION FOR REHEARING

Before BROWN, Chief Judge, TUTTLE and THORNBERRY, Circuit Judges. PER CURIAM:

In our consideration of this case, N. L. R. B. v. Highview, Inc., 590 F.2d 174, 180-181 *340 (5 Cir. 1979), we denied in part the Board’s application for enforcement because Fulton County “had made moves to dissolve High-view, Inc. and take over operation of the home as a direct county project.” In its petition for rehearing the Board has informed us that the Fulton County Commissioners have now rescinded their resolution expressing their intent to take over operation of the home. Pursuant to Rule 40 F.R.A.P., we have asked for a response from Highview. Highview has informed us that the Board’s petition is correct and the Fulton County Commissioners do not intend to take over operations of the home.

Consequently, we vacate the part of our previous opinion denominated Section III. The Board’s application for enforcement is now GRANTED in all respects.

Petition for Rehearing GRANTED; enforcement GRANTED.

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