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N. L. R. B. v. CLARK

No. 71-2541.

468 F.2d 459 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. E. L. CLARK, Owner, Jim H. Pierce, Lessee of the Ashville-Whitney Nursing Home, Respondents.

United States Court of Appeals, Fifth Circuit.

October 4, 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, N.L.R.B., Atlanta, Ga., Stuart M. Rosenblum, Washington, D. C., N.L.R.B. for petitioner.

C. V. Stelzenmuller, Birmingham, Ala., for respondents.

Before WISDOM, GODBOLD and RONEY, Circuit Judges.

WISDOM, Circuit Judge:

This cause comes here on application for enforcement of an order of the National Labor Relations Board holding that the respondents refused to hire certain employees in violation of Section 8(a)(1) and (3) of the National Labor Relations Act, as amended, 29 U.S.C. § 151 et seq., and requiring respondents to remedy the alleged violation. We deny enforcement and remand the case for further evidence because the record will not support the...

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