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SPARTANS INDUSTRIES, INC. v. N. L. R. B.

No. 26220.

406 F.2d 1002 (1969)

SPARTANS INDUSTRIES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

January 31, 1969.

Attorney(s) appearing for the Case

John E. Jay, Walter N. Kaufman, Parker, Chapin & Flattau, New York City, for petitioner. Michael J. Shef, New York City, of counsel.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Harold B. Shore, Atty., NLRB, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Michael N. Sohn, Atty., NLRB, for respondent.

S. G. Lippman, Donald Grody, Washington, D. C., James P. Wolf, Houston, Tex., for intervenor.

Before GOLDBERG and MORGAN, Circuit Judges, and LIEB, District Judge.

MORGAN, Circuit Judge:

This case is before the court upon the petition of Spartans Industries, Inc., to review and set aside the Board's order issued against it on January 24, 1968. The Board has cross-petitioned for enforcement. The Board found that the Company violated Section 8(a) (2) and (1) of the National Labor Relations Act1 by extending recognition to a union at a time when the union...

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