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WINN-DIXIE STORES, INC. v. N. L. R. B.

No. 73-2410.

502 F.2d 1151 (1974)

WINN-DIXIE STORES, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 18, 1974.

Attorney(s) appearing for the Case

Charles F. Henley, Jr., Jacksonville, Fla. (Hamilton & Bowden, Jacksonville, Fla., on brief), for petitioner.

William H. DuRoss, III, Atty., N. L. R. B. (Peter G. Nash, Gen. Counsel, N. L. R. B., John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Jane P. Schlaifer, Atty., Washington, D. C., on brief), for respondent.

Before BRYAN, Senior Circuit Judge, and BUTZNER and FIELD, Circuit Judges.

PER CURIAM:

The sole issue raised by this petition for review, and cross-application for enforcement, of an order of the National Labor Relations Board is whether back pay for three illegally discharged employees should be tolled during an economic strike that followed their discharge.1 The administrative law judge, noting that the discharged employees were active adherents of the union, concluded that it was reasonable to presume that...

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