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N. L. R. B. v. AGAWAM FOOD MART, INC.

No. 7436.

424 F.2d 1045 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AGAWAM FOOD MART, INC., etc., Respondent.

United States Court of Appeals, First Circuit.

April 21, 1970.

Attorney(s) appearing for the Case

Herman M. Levy, Washington, D. C., Atty., with whom Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Sanford H. Fisher, Washington, D. C., Atty., were on brief for petitioner.

David M. Marshall, Springfield, Mass., with whom Arthur M. Marshall, Richard B. Slosberg, and Marshall & Marshall, Springfield, Mass., were on brief for respondent.

Before ALDRICH, Chief Judge, COFFIN, Circuit Judge, and BOWNES, District Judge.

ALDRICH, Chief Judge.

This is a petition under section 10(e) of the National Labor Relations Act, 29 U.S.C. § 160(e), to enforce an order based upon a finding by the National Labor Relations Board of a discriminatory discharge and a discriminatory demotion. Sections 8(a) (3), and (1), 29 U.S.C. §§ 158(a) (3), (1). Briefly, two employees, of known union adherence, and at a time when the employer had reason to expect an election campaign, engaged in deliberate...

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