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N. L. R. B. v. GARDNER CONSTRUCTION COMPANY

No. 6753.

296 F.2d 146 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GARDNER CONSTRUCTION COMPANY, Respondent.

United States Court of Appeals Tenth Circuit.

October 31, 1961.

Attorney(s) appearing for the Case

Samuel M. Singer, Washington, D. C. (Stuart Rothman, Dominick L. Manoli, Marcel Mallet-Prevost and Judith Bleich Kahn, Washington, D. C., on the brief), for petitioner.

Harold B. Wagner, Denver, Colo. (Raymond A. Wagner and Carl A. Wyers, Denver, Colo., on the brief), for respondent.

Before LEWIS and BREITENSTEIN, Circuit Judges, and CHILSON, District Judge.

LEWIS, Circuit Judge.

The National Labor Relations Board as petitioner seeks enforcement of a Board order directed to the respondent Company and entered after a finding that respondent had discharged one Moore for protected union activities in violation of Sec. 8(a) (1, 3) of the Labor Management Relations Act, 1947 as amended, 29 U.S.C.A. § 158(a) (1, 3). The order of enforcement is resisted by the contention that there is insufficient competent evidence to...

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