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TENNESSEE PRODUCTS & CHEMICAL CORPORATION v. N. L. R. B.

Nos. 18357, 18463.

423 F.2d 169 (1970)

TENNESSEE PRODUCTS & CHEMICAL CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BASHAM COAL COMPANY et al., Respondents.

United States Court of Appeals, Sixth Circuit.

March 5, 1970.

Attorney(s) appearing for the Case

George A. Burnstein, Philadelphia, Pa., Joseph L. Halberstein, Marion, Ohio, on brief; Kleinard, Bell & Brecker, Philadelphia, Pa., Halberstein & Mitchell, Marion, Ohio, of counsel, for petitioner Tennessee Products & Chemical Corporation.

William M. Ables, Jr., South Pittsburg, Tenn., W. D. Spears, Spears, Moore, Rebman & Williams, Chattanooga, Tenn., on brief, for respondents, except Cardell Coal Co. and Tennessee Products Co.

Vivian Asplund, N. L. R. B., Washington, D. C., Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Allison W. Brown, Jr., Attys., N. L. R. B., Washington, D. C., on brief, for National Labor Relations Board.

John B. Rayson, Knoxville, Tenn., Edward L. Carey, Willard P. Owens, Washington, D. C., E. H. Rayson, Knoxville, Tenn., on brief, for Intervenor United Mine Workers of America.

Before O'SULLIVAN, EDWARDS and PECK, Circuit Judges.

O'SULLIVAN, Circuit Judge.

In No. 18,357, Tennessee Products & Chemical Corporation seeks review, and in No. 18,463 the National Labor Relations Board seeks enforcement of, a decision of the National Labor Relations Board whereby petitioner, Tennessee Products and respondents Basham Coal Company, et al., were found guilty of violating Sections 8(a) (1) and 8(a) (5) of the National Labor Relations Act, 29 U.S.C. § 158(a) (1) and (5), by refusing to bargain...

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