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PRICE BROTHERS COMPANY v. N. L. R. B.

No. 19523.

422 F.2d 452 (1970)

PRICE BROTHERS COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

January 30, 1970.

Attorney(s) appearing for the Case

Robert F. Young and Maxwell H. Stamper, Dayton, Ohio, for petitioner; Young & Alexander, Dayton, Ohio, on brief.

John L. A. de Passalacqua, Atty., N.L. R.B., Washington, D. C., for appellee; Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, William F. Wachter, Atty., N.L.R.B., Washington, D. C., on brief.

Before PHILLIPS, Chief Judge, PECK, Circuit Judge, and WEINMAN, District Judge.

PHILLIPS, Chief Judge.

This case is before the Court on the petition of Price Brothers Company of Dayton, Ohio, to review the decision of the National Labor Relations Board reported at 175 NLRB No. 47. The Board has cross-applied for enforcement.

The underlying facts are simple and undisputed. An employee of Price Brothers named Puckett worked in a large building in which adequate heat was always a problem during cold weather. On a drizzly day, when the temperature...

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