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LEVITON MANUFACTURING COMPANY, INC. v. N. L. R. B.

No. 73-1152.

486 F.2d 686 (1973)

LEVITON MANUFACTURING COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided November 8, 1973.

Attorney(s) appearing for the Case

Richard W. Zacks, Providence, R. I., with whom Vernon C. Stoneman, Stoneman, Chandler & Miller, Boston, Mass., and Winograd, Shine & Zacks, Providence, R. I., were on brief, for petitioner.

Charles N. Steele, Atty., Washington, D. C., with whom Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Asst. Gen. Counsel, and Joseph A. Oertel, Atty., Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, McENTEE and CAMPBELL, Circuit Judges.

McENTEE, Circuit Judge.

In this case Leviton Manufacturing Company, Inc. seeks review of a Labor Board order based on findings that Leviton violated § 8(a) (1) of the Act by discharging four of its employees.1 The Board countered with a cross-petition for enforcement. For the reasons set forth below, we set aside the Board's order as not supported by substantial evidence on the record as a whole and deny its cross-petition for enforcement...

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