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SWEENEY & COMPANY v. N. L. R. B.

No. 28121.

437 F.2d 1127 (1971)

SWEENEY & COMPANY, Inc., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

January 25, 1971.

Attorney(s) appearing for the Case

R. Glenn Jarvis, Scott Toothaker, McAllen, Tex., for petitioner; Ewers, Toothaker, Ewers, Abbott & Evins, McAllen, Tex., of counsel.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D.C., Clifford Potter, Regional Director, N. L. R. B., Houston, Tex., for respondent.

Mullinax, Wells, Mauzy & Collins by L. N. D. Wells, Jr., and G. William Baab, Dallas, Tex., for intervenor Amal. Meat Cutters, etc.

Before TUTTLE, THORNBERRY and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

This case is before the court on petition to review and set aside, and cross-application to enforce, an order of the National Labor Relations Board. The Board held, contrary to the trial examiner's findings, that Sweeney & Company, petitioner herein, violated Sections 8(a) (1), (3) and (5) of the Labor Management Relations Act by (1) refusing to bargain in good faith with Amalgamated Meat Cutters and Butcher Workmen of North America [the...

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