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N. L. R. B. v. W. R. BEAN & SON, INC.

No. 71-1417 Summary Calendar.

450 F.2d 93 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. W. R. BEAN & SON, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 12, 1972.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Walter C. Phillips, Director, Region 10, William E. Caldwell, Atty., N.L.R.B., Atlanta, Ga., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, William J. Rains, Regional Atty., Region 10, N.L.R.B., for petitioner.

Frank E. Specht, Robert C. Lemert, Jr., Smith, Currie & Hancock, Atlanta, Ga., for respondent.

Before GEWIN, GOLDBERG and DYER, Circuit Judges.

GEWIN, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its order issued against W. R. Bean & Son, Inc. (Company) finding it in violation of Section 8(a)(1) and (3) of the National Labor Relations Act1 by its discharge of a single employee, Rosa Ruth Holmes, for engaging in union activity.2

The Company challenges the Board's determination as not supported by substantial...

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