National Labor Relations Board, Petitioner, v. Twin Cities Electric; Big G Electric & Engineering, Inc.,respondents, 907 F.2d 108 (9th Cir. 1990)

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U.S. Court of Appeals for the Ninth Circuit - 907 F.2d 108 (9th Cir. 1990)

Submitted to Motions Panel June 25, 1990. Decided July 2, 1990


On Application for Enforcement of an Order of the National Labor Relations Board.

Before CANBY, WIGGINS and TROTT, Circuit Judges.


ORDER

The court is informed that respondent Twin Cities Electric has petitioned for relief under Chapter 7 of the Bankruptcy Code. Twin Cities Electric asserts that continuation of this enforcement action is automatically stayed as to it pursuant to 11 U.S.C. § 362(a). However, the filing of a bankruptcy petition does not bar or stay an enforcement proceeding instituted by the National Labor Relations Board. See 11 U.S.C. § 362(b) (4), (5) (West 1979); NLRB v. Evans Plumbing Co., 639 F.2d 291, 293 (5th Cir. 1981). Accordingly, this appeal is ready for calendaring.