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N.L.R.B. v. SWAIN AND MORRIS CONSTRUCTION CO.

No. 23809.

431 F.2d 861 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SWAIN AND MORRIS CONSTRUCTION CO., Respondent.

United States Court of Appeals, Ninth Circuit.

August 6, 1970.

Attorney(s) appearing for the Case

Eugene Granaf (argued), Marcel Mallet-Prevost, Dominick L. Manoli, Arnold Ordman, Counsels, N.L.R.B., Glen M. Bendixsen and Allen H. Sachsel, Attys., N.L.R.B., Washington, D. C., Thomas P. Graham, Director, Region 19, N.L.R.B., Seattle, Wash., for petitioner.

Howard C. Burton (argued), Great Falls, Mont., for respondent.

Before CHAMBERS, MERRILL, Circuit Judges, and WOLLENBERG, District Judge.

WOLLENBERG, District Judge.

This dispute arose out of the discharge by respondents of two employees for refusing to cross a picket line of an employer other than their own. Respondent constructs power and telephone facilities in Montana, chiefly for the Montana Power Company. On June 30, 1966, respondent sent a crew to do several jobs for Montana Power, among which was the installation of yard or "security" lights for the Northern Timber Company. The latter was at...

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