DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

093209P.pdf   04/22/2011  Marlin Osthus  v.  Whitesell Corporation
   U.S. Court of Appeals Case No:  09-3209
   U.S. District Court for the Southern District of Iowa - Davenport   
   [PUBLISHED] [Benton, Author, with Chief Judge Riley and Colloton,
   Circuit Judges]
   Civil Case - Labor. District court's grant of injunction under Section
   10(j) is reversed because the minimal requirements for an injunction were
   not met. Case is remanded for factual findings, detailing specific actions
   in the bargaining process and the facts underlying each element of the
   four-factor injunction test. Joining the Fifth Circuit's view, the General
   Counsel retained section 10(j) power, despite the loss of the Board
   quorum. Judge Colloton concurs. Chief Judge Riley concurs in part and
   dissents in part.