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TRI STATE MAINTENANCE CORPORATION v. N. L. R. B.

No. 21655.

408 F.2d 171 (1968)

TRI STATE MAINTENANCE CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided December 18, 1968.

Attorney(s) appearing for the Case

Mr. Ross O'Donoghue, Washington, D. C., for petitioner. Mr. George A. Fisher, Washington, D. C., also entered an appearance for petitioner.

Mr. Robert Lieber, Attorney, National Labor Relations Board, of the bar of the Supreme Court of California, pro hac vice, by special leave of court, for respondent. Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Michael N. Sohn, Attorney, National Labor Relations Board, were on the brief for respondent. Mr. Allen Berk, Attorney, National Labor Relations Board, also entered an appearance for respondent.

Before BURGER, WRIGHT and TAMM, Circuit Judges.

TAMM, Circuit Judge:

This case comes before us on a petition to review and set aside a Decision and Order of the National Labor Relations Board (hereinafter "Board') (167 N.L. R.B. No. 140). After full consideration of all the pleadings involved we conclude that the Board's Decision and Order must be affirmed only insofar as it is consistent with the dictates of this opinion and that it must be disregarded insofar as it bases its Order upon an invalid and untenable...

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