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N. L. R. B. v. S. E. NICHOLS COMPANY

No. 395, Docket 30961.

380 F.2d 438 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. S. E. NICHOLS COMPANY, Nichols Discount City, Butlers' Shoe Corporation, the Richards Corporation, Barbara Lynn Stores, Inc., P. H. S. of Elmira, Respondents.

United States Court of Appeals Second Circuit.

Decided June 21, 1967.

Attorney(s) appearing for the Case

Paul J. Spielberg, Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, William J. Avrutis, Washington, D. C., Attorney), for petitioner.

James L. Burke, Elmira, N. Y., for respondents.

Before WATERMAN, FRIENDLY and FEINBERG, Circuit Judges.

FRIENDLY, Circuit Judge:

S. E. Nichols Company through its subsidiary Nichols Discount City operates a retail store in Elmira, N. Y. Four departments are leased to licensees; while the licenses provide that each licensee shall hire its employees at its own expense, they contain provisions for Nichols' control of wages, fringe benefits and other matters as well as a right to dismiss any employee and to intervene in any of the licensees' labor disputes. This, along...

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