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GENERAL TIRE OF MIAMI BEACH, INC. v. N. L. R. B.

No. 20037.

332 F.2d 58 (1964)

The GENERAL TIRE OF MIAMI BEACH, INC., the General Tire of Miami, Inc., M. O'Neil Properties, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

May 13, 1964.

Attorney(s) appearing for the Case

D. P. S. Paul, Parker Davidson Thomson, Paul & Sams, Miami, Fla., for petitioners.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Melvin H. Reifin, Atty., Arnold Ordman, Gen. Counsel and Melvin Pollack, Atty., N. L. R. B., for respondent.

Before TUTTLE, Chief Judge, and BROWN and BELL, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

On the basis of a finding of violations of §§ 8(a) (1) and (3), the Board seeks enforcement of its cease and desist order together with the traditional reinstatement and back pay award as to two discriminatees. We deny enforcement.

The Employer1 is engaged in the automobile service station business with five locations in the Greater Miami area. The site of the principal activities complained...

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