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N. L. R. B. v. ACKER INDUSTRIES, INC.

No. 71-1176.

460 F.2d 649 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ACKER INDUSTRIES, INC., Respondent.

United States Court of Appeals, Tenth Circuit.

May 16, 1972.

Attorney(s) appearing for the Case

Stephen J. Solomon, Washington, D. C. (Eugene G. Goslee, Acting General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Charles N. Steele and Steven R. Semler, Attorneys, N. L. R. B., on the brief), for petitioner.

Edward E. Soule, Oklahoma City, Okl. (John C. Harrington, Jr., Oklahoma City, Okl., on the brief), for respondent.

Before MURRAH, SETH and BARRETT, Circuit Judges.

SETH, Circuit Judge.

This case is before the court upon application of the NLRB for enforcement of its order against Acker Industries, Inc.

Acker Industries is an Oklahoma corporation which manufactures brakeshoes for railroad cars at its Wewoka plant, there employing approximately thirty persons. In April 1969, the company hired Mr. Henry Streater as its sole truck driver. When not busy driving the truck, Mr. Streater was to have helped out where needed in...

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