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N. L. R. B. v. GREAT ATLANTIC & PACIFIC TEA COMPANY

No. 202, Docket 28916.

340 F.2d 690 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. The GREAT ATLANTIC & PACIFIC TEA COMPANY, P & C Food Markets, Inc., and American Stores Company, Respondents.

United States Court of Appeals Second Circuit.

Decided January 14, 1965.

Attorney(s) appearing for the Case

Stephen B. Goldberg, N. L. R. B. (Arnold Ordman, General Counsel; Dominick L. Manoli, Assoc. Gen. Counsel; Marcel Mallet-Prevost, Asst. General Counsel; Jules H. Gordon, Washington, D. C., on the brief), for petitioner.

Burton A. Zorn, Proskauer, Rose, Goetz & Mendelsohn, New York City (Saul G. Kramer, Robert A. Gorman, New York City, Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., M. Kalman Gitomer, Herbert H. Brown, Philadelphia, Pa., on the brief), for respondents.

Before WATERMAN, MOORE and KAUFMAN, Circuit Judges.

KAUFMAN, Circuit Judge:

In rather rapid succession, we are called upon once again to decide whether certain conduct violated the proscription in the National Labor Relations Act against encouragement or discouragement of "membership in any labor organization" "by discrimination in regard to hire or tenure of employment or any term or condition of employment." Section 8(a) (3), 29 U.S.C. § 158(a) (3). See NLRB v. Local 50, American Bakery Workers,

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