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N. L. R. B. v. ZAYRE CORP.

No. 27809.

424 F.2d 1159 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ZAYRE CORP., Respondent.

United States Court of Appeals, Fifth Circuit.

April 27, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Harold A. Boire, Dir., Region 12, N.L. R.B., Tampa, Fla., Morton Namrow, Atty., N.L.R.B., Washington, D. C., for petitioner.

Stuart Linnick, Sidney S. Wolchok, New York City, John W. Boult, Tampa, Fla., for respondent.

Before JOHN R. BROWN, Chief Judge, COLEMAN and CLARK, Circuit Judges.

JOHN R. BROWN, Chief Judge:

In this case for enforcement of the Board's order against Zayre Corp., the only important and difficult questions presented relate to a finding of a § 8(a) (5) violation — refusal to bargain.1 The central issue raised here is the extent to which the purchaser of the assets (Zayre) of a retail discount store is bound by the bargaining obligations of its predecessor in interest (Masters). More particularly...

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