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NATIONAL LABOR RELATIONS BOARD v. AGAWAM FOOD MART, INC.

No. 6931.

386 F.2d 192 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AGAWAM FOOD MART, INC., d/b/a the Food Mart, Respondent.

United States Court of Appeals First Circuit.

December 1, 1967.

Attorney(s) appearing for the Case

Warren M. Davison, Atty., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Robert M. Lieber, Atty., N. L. R. B., Washington, D. C., were on brief, for petitioner.

David I. Shactman, Springfield, Mass., with whom Arthur M. Marshall, Springfield, Mass., was on brief, for respondent.

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

PER CURIAM.

This case reaches what appears at first blush to be an unusual and unfair result. Scrutiny of the record, however, indicates to us that the findings and opinion of the trial examiner, adopted by the Board, to the effect that the respondent was not really endeavoring to obtain the union's assent to a wage increase, but was seeking to place the union in an unfavorable light and capitalize on the situation, were not plainly wrong. Indeed, we think the Board...

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