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BUNCHER v. N. L. R. B.

No. 16638.

405 F.2d 787 (1968)

Jack G. BUNCHER, d/b/a The Buncher Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO, Intervenor.

United States Court of Appeals Third Circuit.

Decided June 27, 1968.

Reargued November 25, 1968.

On Rehearing January 20, 1969.

Attorney(s) appearing for the Case

John G. Wayman, Reed, Smith, Shaw & McClay, Pittsburgh, Pa. (Scott F. Zimmerman, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., on the brief), for petitioner.

George H. Cohen, Bredhoff & Gottesman, Washington, D. C. (Elliot Bredhoff, Michael H. Gottesman, Washingon, D. C., Bernard Kleiman, Chicago, Ill., on the brief), for intervenor.

Arthur Horowitz, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, George B. Driesen, Atty., N. L. R. B., on the brief), for respondent.

Elliott Moore, N. L. R. B., Washington, D. C., for respondent on rehearing.

Before HASTIE, Chief Judge, and BIGGS, KALODNER, FREEDMAN, SEITZ, VAN DUSEN, ALDISERT and STAHL, Circuit Judges.

OPINION ON REHEARING OF THE COURT EN BANC

SEITZ, Circuit Judge.

This is the decision on the Company's petition to review and set aside a supplemental backpay order of the National Labor Relations Board and the Board's request for its enforcement.

The present dispute arises out of a finding, approved by this court, that the Company had dismissed certain of its employees in violation of the Act. N. L. R. B. v. Buncher, d/b/a The Buncher Company,

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