DARLINGTON MANUFACTURING COMPANY v. N. L. R. B.

No. 11554.

397 F.2d 760 (1968)

DARLINGTON MANUFACTURING COMPANY; Deering Milliken & Co., Inc., and Deering Milliken, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Textile Workers Union of America, AFL-CIO, Intervenor.

United States Court of Appeals Fourth Circuit.

Decided May 31, 1968.


Attorney(s) appearing for the Case

Thornton H. Brooks, Greensboro, N. C., (McLendon, Brim, Brooks, Pierce & Daniels, Greensboro, N. C., on the brief) for Darlington Manufacturing Co.

John R. Schoemer, Jr., and Stuart N. Updike, New York City, (John D. Canoni, Bronxville, N. Y., on the brief) for Deering, Milliken, Inc., and Deering, Milliken and Co., Inc.

Frank H. Itkin, Atty., N. L. R. B., (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Nancy M. Sherman, Atty., N. L. R. B., on the brief) for respondent.

Daniel B. Jordan, Gen. Counsel, Textile Workers Union of America, AFLCIO, for intervenor.

Before HAYNSWORTH, Chief Judge, and SOBELOFF, BOREMAN, BRYAN, WINTER, CRAVEN and BUTZNER, Circuit Judges, sitting en banc.


BUTZNER, Circuit Judge.

Soon after the Textile Workers Union won an election at Darlington Manufacturing Co., stockholders liquidated and dissolved the corporation. In Textile Workers Union of America v. Darlington Mfg. Co., 380 U.S. 263, 85 S.Ct. 994, 13 L.Ed.2d 827 (1965), the Court held that an employer does not engage in an unfair labor practice when he permanently closes his entire business, even if the liquidation is motivated...

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