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NATIONAL LABOR RELATIONS BOARD v. KINGWOOD MINING COMPANY

No. 14554.

435 F.2d 158 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. KINGWOOD MINING COMPANY, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided December 14, 1970.

Attorney(s) appearing for the Case

Arthur L. Fox, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Elliott Moore and Angelo V. Arcadipane, Attys., National Labor Relations Board, on the brief), for petitioner.

Lacy I. Rice, Jr., Martinsburg, W. Va. (John M. Miller, and Rice, Hannis, Rice & Wagner, Martinsburg, W. Va., on the brief), for respondent.

Before BOREMAN, BRYAN and BUTZNER, Circuit Judges.

PER CURIAM:

Upon careful consideration of the briefs, joint appendix and argument of counsel we find substantial evidence to support the Board's finding of unfair labor practices committed by Kingwood Mining Company, which practices would tend to create an atmosphere in which a fair election could not now be held.

In N. L. R. B. v. Gissel Packing Co., 395 U.S. 575, 616, 89 S.Ct. 1918, 23 L.Ed. 2d 547 (1969), the Court held that...

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