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CENTRAL HARDWARE COMPANY v. N. L. R. B.

No. 20199.

468 F.2d 252 (1972)

CENTRAL HARDWARE COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Retail Clerks Union, Local 725 Retail Clerks International Association, AFL-CIO, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided October 19, 1972.

Attorney(s) appearing for the Case

Norton J. Come, Asst. Gen. Counsel, Washington, D. C., Peter G. Nash, Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Atty., for respondent.

Keith E. Mattern, Ronald L. Aylward, St. Louis, Mo., for petitioner.

Before VAN OOSTERHOUT, Senior Circuit Judge, MEHAFFY, Circuit Judge, and DENNEY, District Judge.

VAN OOSTERHOUT, Senior Circuit Judge.

This case is again before us by virtue of decision of the Supreme Court in Central Hardware Company v. NLRB, 407 U.S. 539, 92 S.Ct. 2238, 33 L.Ed.2d 122 (1972), and mandate issued thereon vacating our judgment entered April 30, 1971, based on our opinion filed March 24, 1971, reported at 439 F.2d 1321, and remanding the case to us to determine the issue of whether...

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