Legal Opinion

Overstreet ex rel. National Labor Relations Board v. SFTC, LLC

District Court, D. New Mexico

Decided May 9, 2013No. 13-CV-0165 RB/LFGPublishedCited by 1 opinion

1Opinion of the Court

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 file the Petition and that, as a result, the Court lacks subject matter jurisdiction. (Doc. 26). The motion is fully briefed. Having considered…

2Cases cited19 opinions

McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
Texas v. United StatesSupreme Court of the United States · 1998
Peterson v. MartinezCourt of Appeals for the Tenth Circuit · 2013
New Process Steel, L. P. v. National Labor Relations BoardSupreme Court of the United States · 2010

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3Cited by1 opinion

Paulsen v. All American School Bus Corp.District Court, E.D. New York · 2013