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WINN-DIXIE STORES, INC. v. N. L. R. B.

No. 26423.

413 F.2d 1008 (1969)

WINN-DIXIE STORES, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals Fifth Circuit.

July 18, 1969.

Attorney(s) appearing for the Case

David A. Bartholf, Jacksonville, Fla., for petitioner, Winn-Dixie.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Herbert Fishgold, Atty., N. L. R. B., Washington, D. C., Harold A. Boire, Director, N. L. R. B., 12th Region, Tampa, Fla., for respondent N. L. R. B.

Before TUTTLE and SIMPSON, Circuit Judges, and CASSIBRY, District Judge.

PER CURIAM:

This appeal deals with the validity of a back pay order affecting six company employees whose discharges this court has previously held constituted an unfair labor practice. Of the twelve employees laid off on April 12, 1963, the company was unable to replace six of them. See N. L. R. B. v. Winn-Dixie Stores, Inc. (5 Cir. 1966) 361 F.2d 512, cert. denied 385 U.S. 935, 87 S.Ct. 295, 17 L.Ed.2d 215. The Board then instituted...

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