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N. L. R. B. v. O. A. FULLER SUPER MARKETS, INC.

No. 23072.

374 F.2d 197 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. O. A. FULLER SUPER MARKETS, INC., Respondent.

United States Court of Appeals Fifth Circuit.

March 8, 1967.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Malcolm D. Schultz, Atty., N.L.R.B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Gary Green, Herbert Bernhardt, Attys., N.L. R.B., for petitioner.

C. Allen High, Nashville, Tenn., for respondent.

Before TUTTLE, Chief Judge, and THORNBERRY and GOLDBERG, Circuit Judges.

THORNBERRY, Circuit Judge:

The National Labor Relations Board seeks enforcement of an order based upon a finding that respondent, O. A. Fuller Super Markets, Inc., violated sections 8 (a) (1) and 8(a) (3) of the National Labor Relations Act, 29 U.S.C. § § 158(a) (1), (a) (3). Early in 1964, two unions made efforts to organize the employees at respondent's supermarket in Tuscumbia, Alabama. By February 10, 1964, eleven of the supermarket's fourteen employees...

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