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N. L. R. B. v. CEMENT TRANSPORT, INC.

No. 73-1260.

490 F.2d 1024 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CEMENT TRANSPORT, INC., Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 22, 1974.

Rehearing Denied March 4, 1974.

Attorney(s) appearing for the Case

Lawrence Levien, N.L.R.B., for petitioner; Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Assistant Gen. Counsel, Alan D. Cirker, Attys., N.L.R.B., Washington, D. C., on brief.

Louis E. Woolery, Louisville, Ky., for respondent; James U. Smith, Jr., Louisville, Ky., on brief.

Before CELEBREZZE and MILLER, Circuit Judges, and O'SULLIVAN, Senior Circuit Judge.

CELEBREZZE, J., delivered the opinion of the Court, in which MILLER, J., joined.

O'SULLIVAN, J., dissented in part.

CELEBREZZE, Circuit Judge.

The National Labor Relations Board petitions for enforcement of its Order of December 11, 1972, reported at 200 NLRB No. 122. In its Order and accompanying Decision, the Board adopted the Administrative Law Judge's conclusion that Respondent violated section 8(a) (1) and 8(a) (3) of the National Labor Relations...

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