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UNITED STATES PIPE AND FOUNDRY COMPANY v. N. L. R. B.

No. 24837.

398 F.2d 544 (1968)

UNITED STATES PIPE AND FOUNDRY COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

July 23, 1968.

Attorney(s) appearing for the Case

John J. Coleman, Jr., A. Henry Gaede, Jr., Birmingham, Ala., for petitioner; Allen Poppleton, Bradley, Arant, Rose & White, Birmingham, Ala., of counsel.

Benj. L. Erdreich, Birmingham, Ala., Michael Gottesman, Washington, D. C., Bernard Kleinman, Chicago, Ill., Elliot Bredhoff, George H. Cohen, Washington, D. C., Jerome Cooper, Birmingham, Ala., for intervenor.

Marcel Mallet-Prevost, Asst. Gen. Counsel, William F. Wachter, Atty., NLRB, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Lawrence M. Joseph, Atty., NLRB, for respondent.

Before JOHN R. BROWN, Chief Judge, and BELL, Circuit Judge, and HOOPER, District Judge.

GRIFFIN B. BELL, Circuit Judge:

The novel question presented in this case turns on the breadth of the remedy which the Board may fashion under § 10(c) of the National Labor Relations Act. 29 U.S.C.A. § 160(c).1

United States Pipe and Foundry Company obligated itself to purchase the assets, including the manufacturing facilities of Perma Vinyl Corporation. Perma Vinyl was engaged in manufacturing plastic pipe in Florida...

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