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N. L. R. B. v. EASTON PACKING COMPANY

No. 18713.

437 F.2d 811 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EASTON PACKING COMPANY, Respondent.

United States Court of Appeals, Third Circuit.

Decided January 15, 1971.

Attorney(s) appearing for the Case

Avrum Goldberg, National Labor Relations Board, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Leonard M. Wagman, Ian D. Lanoff, Attys., N.L.R.B., on the brief) for petitioner.

George A. Burnstein, Kleinbard, Bell & Brecker, Philadelphia, Pa., for respondent.

Before KALODNER, FREEDMAN and ADAMS, Circuit Judges.

OPINION OF THE COURT

KALODNER, Circuit Judge:

Does an employee's return to work in disregard of a strike called by his Union1 evidence his withdrawal from the Union and his repudiation of it as his bargaining representative?

That is the critical issue presented by the instant petition2 of the National Labor Relations Board ("Board") for enforcement of its Supplemental Decision and Order issued...

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