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MACY'S MISSOURI-KANSAS DIVISION v. N. L. R. B.

No. 18699.

389 F.2d 835 (1968)

MACY'S MISSOURI-KANSAS DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Amalgamated Clothing Workers of America, AFL-CIO, Intervenor.

United States Court of Appeals Eighth Circuit.

February 16, 1968.

Attorney(s) appearing for the Case

Harry L. Browne and Jack L. Whitacre of Spencer, Fane, Britt & Browne, Kansas City, Mo., for petitioner.

John I. Taylor, Atty., N. L. R. B., Washington, D. C., for respondent; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Herman M. Levy and George B. Driesen, Attys., N. L. R. B., were on the briefs.

Jacob Sheinkman, New York City, and John E. Philbin, Chicago, Ill., on brief for intervenor.

Before MEHAFFY and GIBSON, Circuit Judges, and STEPHENSON, District Judge.

FLOYD R. GIBSON, Circuit Judge.

This case is before us on a petition by an employer, Macy's Missouri-Kansas Division, to review a decision and order of the National Labor Relations Board. The Board cross-petitions for the enforcement of its order. The decision and order of the Board are reported at 162 N.L.R.B. No. 70.

Our original opinion in this case was withdrawn and Macy's Petition for a Rehearing was granted on the issue of a § 8(a) (5) violation...

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