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BYRNE DAIRY, INC. v. N. L. R. B.

Nos. 303, 304, Dockets 33524, 33679.

431 F.2d 1363 (1970)

BYRNE DAIRY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Dairy & Bakery Salesmen & Dairy Employees Union, Local 316, Affiliated with International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals, Second Circuit.

Decided September 9, 1970.

Attorney(s) appearing for the Case

M. Harold Dwyer, Syracuse, N. Y. (Hancock, Ryan, Shove & Hust, Syracuse, N. Y., of counsel), for petitioner.

Bernard T. King, Syracuse, N. Y. (Blitman & King, Syracuse, N. Y., of counsel), for intervenor.

Frank H. Itkin, Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Kenneth Pearlman, Atty., N.L.R.B., of counsel), for respondent.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.

PER CURIAM:

This petition by Byrne Dairy, Inc. to review and cross-petition by the National Labor Relations Board to enforce an order, 176 NLRB #40, finding that the employer had violated §§ 8(a) (1) and (5) of the National Labor Relations Act and granting the usual relief, involved the same form of authorization card which became the subject of en banc consideration in NLRB v. Marsellus Vault & Sales, Inc., 431 F.2d 933

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