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LABORERS' INT. UN. OF NO. AM., LOCAL 859 v. NATIONAL LAB. REL. BD.

No. 24098.

446 F.2d 1319 (1971)

LABORERS' INTERNATIONAL UNION OF NORTH AMERICA, LOCAL 859, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 1971.

Attorney(s) appearing for the Case

Mr. Robert J. Connerton, Washington, D. C., with whom Messrs. Arthur M. Schiller, Jules Bernstein, Washington, D. C., and Marvin Menaker, Dallas, Tex., were on the brief, for petitioner.

Mr. Joseph E. Mayer, Atty., National Labor Relations Board, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Allison W. Brown, Jr., Atty., National Labor Relations Board, were on the brief, for respondent.

Before BAZELON, Chief Judge, and McGOWAN, Circuit Judge, and SMITH, Chief Judge, U. S. District Court for the District of Montana.

SMITH, Chief District Judge:

The petition to review, and the cross-application to enforce an order of the National Labor Relations Board, presents secondary activity and "struckwork ally" problems under § 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act.

McDonald Bros. Cast Stone Co. (McDonald) had as customers for its stone, Thomas B. Byrne, Inc. (Byrne), Citadel Construction Company, Inc. (Citadel) and Dee Brown Masonry, Inc. (Brown), all...

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