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NATIONAL LABOR RELATIONS BOARD v. LEVITON MFG. CO.

No. 297.

111 F.2d 619 (1940)

NATIONAL LABOR RELATIONS BOARD v. LEVITON MFG. CO., Inc.

Circuit Court of Appeals, Second Circuit.

April 29, 1940.

Attorney(s) appearing for the Case

Leonard Appel, Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, Laurence A. Knapp, Asst. Gen. Counsel, and Richard C. Barrett and Thomas F. Wilson, Attys., National Labor Relations Board, all of Washington, D. C., for petitioner.

William L. Schwartz, of New York City (Jeremiah T. Mahoney, of New York City, and George A. Spohr, Jr., of counsel), for respondent.

Before L. HAND, AUGUSTUS N. HAND, and PATTERSON, Circuit Judges.

L. HAND, Circuit Judge.

This cause comes before us upon a motion of the National Labor Relations Board for an order of this court, enforcing its own order against the respondent company. Only two questions arise: Whether there was any substantial evidence to support the finding that one, Levine, an employee of the company, was discharged because of his union activities; and whether, if so, that part of the order was valid which directed the company, after deducting...

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