Legal Opinion

National Labor Relations Board v. Hank Westphal

Court of Appeals for the Ninth Circuit

Decided October 21, 1988No. 88-5984PublishedCited by 81 opinions

1Per curiam

This motion for a stay pending appeal presents the issue of whether a party appealing an order directing compliance with NLRB subpoenas is entitled to a stay of the order, as a matter of right under Fed. R.Civ.P. 62(d), upon the filing of a superse-deas bond.

After instituting unfair labor practice charges against Westphal, the NLRB served a subpoena ad testificandum and a subpoena duces tecum upon Westphal. Westphal refused to appear and give testimony and to produce the requested records. Accordingly, the NLRB applied for an order enforcing the subpoenas. On April 5, 1988, the district court…

2Cases cited4 opinions

  1. Federal Trade Commission v. Trw, Inc. And Its Unincorporated Division, Trw Credit DataCourt of Appeals for the D.C. Circuit · 1980
  2. Raymond J. Donovan, Secretary of Labor v. Fall River Foundry Co., Inc.Court of Appeals for the Seventh Circuit · 1982
  3. BECKER Et Al. v. UNITED STATES Et Al.Supreme Court of the United States · 1981
  4. United States v. NeveDistrict Court, E.D. Louisiana · 1978

3Cited by81 opinions

  1. Leray W. Hebert, Jr. v. Exxon Corporation, Trinity Industries, Inc. v. Ina of Texas v. Albany Insurance Company, in Re Albany Insurance CompanyCourt of Appeals for the Fifth Circuit · 1992
  2. Perez v. Massachusetts General HospitalDistrict Court, D. Puerto Rico · 2000
  3. Cotton v. City of EurekaDistrict Court, N.D. California · 2012
  4. Hamlin v. Charter Township of FlintDistrict Court, E.D. Michigan · 1998
  5. Frommert v. ConkrightDistrict Court, W.D. New York · 2009

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