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BILLY EXUM,
Petitioner,
v.
NATIONAL LABOR RELATIONS BOARD,
Respondent.


No. 07-2070

On Petition for Review of an Order
of the National Labor Relations Board.
No. 26-CA-20287.
Argued: July 30, 2008
Decided and Filed: November 7, 2008
Before: GIBBONS and McKEAGUE, Circuit Judges; ADAMS, District Judge.

_________________________
OPINION
_________________________

ADAMS, District Judge. Petitioner Billy Exum (“Petitioner”) appeals the National Labor Relations Board’s (“Board”) decision reversing the decision of the Administrative Law Judge (“ALJ”) and dismissing Petitioner’s complaint. Petitioner had brought a complaint against his employer, Fineberg Packing Company, Inc. (“Employer”), alleging that it had discharged Petitioner and thirty-one other striking employees in violation of Section 8(a)(1) of the National Labor Relations Act (29 U.S.C. § 158(a)(1)) (“Act”). The ALJ found that Employer had condoned the strike in which the employees had engaged and that it therefore wrongly discharged the employees. Employer appealed the ALJ’s decision to the Board, which held that the facts did not support a finding of condonation and that Employer had not acted in violation of the Act. Petitioner now appeals the Board’s decision and challenges its finding on the issue of condonation.

. . .

There is substantial evidence in the record to support the Board’s determination. Petitioner failed to demonstrate that Employer condoned the unprotected activity of the striking employees and wrongfully terminated those employees in violation of § 8(a)(1) of the Act. The court affirms the Board’s decision.


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In re: JENNIFER DENISE CASSIM,
Debtor.
_____________________________________
JENNIFER DENISE CASSIM,
Plaintiff-Appellee,
v.

EDUCATIONAL CREDIT MANAGEMENT CORPORATION,
Defendant-Appellant.


No. 07-8080

Appeal from the United States Bankruptcy Court
for the Eastern District of Kentucky, London Division.
Case No. 07-60311; Adv. Pro. No. 07-6029
Argued: August 13, 2008
Decided and Filed: November 7, 2008
Before: PARSONS, RHODES, and SHEA-STONUM, Bankruptcy Appellate Panel Judges.

_________________________
OPINION
_________________________

STEVEN RHODES, Bankruptcy Appellate Panel Judge. Shortly before obtaining confirmation of her chapter 13 plan, the debtor, Jennifer Denise Cassim, filed an adversary proceeding seeking a determination that payment of her student loan would impose an undue hardship and was, therefore, dischargeable. The student loan creditor, Educational Credit Management Corporation (“ECMC”), moved to dismiss the proceeding for lack of subject matter jurisdiction, contending that the action was not constitutionally ripe until Cassim obtained a general discharge upon the completion of her plan. The bankruptcy court denied the motion, as well as the creditor’s motion to reconsider. Finding no error, we affirm the orders of the bankruptcy court.