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PATIO FOODS v. N. L. R. B.

No. 25453.

415 F.2d 1001 (1969)

PATIO FOODS, a Division of R. J. Reynolds Foods, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

August 27, 1969.

Attorney(s) appearing for the Case

George W. Krog, San Antonio, Tex., Earle K. Shawe, Baltimore, Md., Shawe & Rosenthal, Baltimore, Md., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Jerome Weinstein, Atty., N.L.R.B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, William Wachter, Atty., National Labor Relations Board, for respondent.

Before BELL and SIMPSON, Circuit Judges, and ROBERTS, District Judge.

SIMPSON, Circuit Judge:

The Board found that the Company violated Section 8(a) (1) and (3) of the Act, Title 29 U.S.C. Section 158(a) (1) and (3) by discharging employees Alice Jordan and Rachel Villarreal.1 Reinstatement of the employees with back pay was ordered. The 8(a) (1) violations were based solely on these discharges. The petitioner, Patio Foods, seeks to set aside the order while the Board cross-petitions for enforcement.

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