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N. L. R. B. v. FREEPORT MARBLE & TILE CO.

No. 6705.

367 F.2d 371 (1966)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FREEPORT MARBLE & TILE CO., Inc., Respondent.

United States Court of Appeals First Circuit.

October 18, 1966.

Attorney(s) appearing for the Case

Hans J. Lehmann, Atty., N. L. R. B., Washington, D. C., with whom Arnold Ordman, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, and Allison W. Brown, Jr., Atty., N. L. R. B., Washington, D. C., were on brief, for petitioner.

Norman Holtz, with whom Gordon & Leiter, Boston, Mass., was on brief, for respondent.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.

ALDRICH, Chief Judge.

This is a petition to enforce an order of the National Labor Relations Board based upon found violations of sections 8(a) (1), 8(a) (3) and 8(a) (5) of the National Labor Relations Act.1 With respect to section 8(a) (1), some of the subsidiary findings of the trial examiner affirmed by the Board seem to us based upon clearly incredible testimony, notably that of the witness...

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