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N. L. R. B. v. IRVIN

No. 72-1168.

475 F.2d 1265 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. David F. IRVIN and James B. McKelvy, Partners, d/b/a The Irvin-McKelvy Company, Respondents.

United States Court of Appeals, Third Circuit.

Decided March 22, 1973.

Attorney(s) appearing for the Case

Peter G. Nash, Patrick Hardin, Marcel Mallet-Prevost, Abigail Cooley Baskir, Michael S. Winer, Washington, D. C., for Petitioner, National Labor Relations Board.

Francis T. Coleman, William H. Howe, Counihan, Casey & Loomis, Washington, D. C., for Respondents.

Edward L. Carey, Bernard Dunau, Washington, D. C., for United Mine Workers of America as amicus curiae.

Before BIGGS and GIBBONS, Circuit Judges, and HUYETT, District Judge.

OPINION OF THE COURT

GIBBONS, Circuit Judge.

This case is before us on the application of the National Labor Relations Board (the Board) filed pursuant to Section 10(e) of the National Labor Retions Act, 29 U.S.C. § 160(e), for enforcement of the November 8, 1971 order against the respondents David F. Irvin and James B. McKelvy, partners doing business as The Irvin-McKelvy Company (the Employer).1 The Employer is engaged...

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