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N.L.R.B. v. JOSEPH MACALUSO, INC.

No. 77-3748.

618 F.2d 51 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JOSEPH MACALUSO, INC., d/b/a Lemon Tree, Respondent.

United States Court of Appeals, Ninth Circuit.

April 16, 1980.

Attorney(s) appearing for the Case

Eric Moskowitz, Washington, D. C., argued for petitioner; Elliott Moore, NLRB, Washington, D. C., on brief.

Eugene R. Nielson, Lane, Powell, Moss & Miller, Seattle, Wash., Nancy R. Broff, Washington, D. C., for respondent.

Before DUNIWAY and WALLACE, Circuit Judges, and JAMESON, District Judge.

WALLACE, Circuit Judge:

The single issue presented in this National Labor Relations Board (NLRB) enforcement proceeding is whether the NLRB erred in disallowing the testimony of a Federal Mediation and Conciliation Service (FMCS) mediator as to a crucial fact occurring in his presence. The decision and order of the Board are reported at 231 N.L.R.B. 91. We enforce the order.

I.

In early 1976 Retail Store Employees Union Local 1001 (Union) waged a...

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