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NATIONAL PACKING COMPANY v. N. L. R. B.

No. 8839.

377 F.2d 800 (1967)

NATIONAL PACKING COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Tenth Circuit.

May 23, 1967.

Attorney(s) appearing for the Case

Edward A. Smith, Kansas City, Mo. (George Schwegler, Jr., Wayne F. Caskey, Jr., and Smith, Schwegler & Swartzman, Kansas City, Mo., and Holme, Roberts & Owen, Denver, Colo., of counsel, were with him on the brief), for petitioner.

Warren Davison, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Joseph C. Thackery, Atty., N. L. R. B., were with him on the brief), for respondent.

Before LEWIS, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

This case is before us for the second time. On the first appearance, National Packing Company v. National Labor Relations Board, 10 Cir., 352 F.2d 482, we held that the evidence sustained a finding that the Company had violated § 8(a) (1) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1), by discharging a group of employees for participation in a protected concerted activity, an economic...

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