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N. L. R. B. v. FOODWAY OF EL PASO

No. 73-2949.

496 F.2d 117 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FOODWAY OF EL PASO, a Division of Kimbell Foods, Inc., Respondent.

United States Court of Appeals, Fifth Circuit.

June 19, 1974.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc. Gen. Counsel, Alan D. Longman, N. L. R. B., Washington, D. C., Milo V. Price, Director, Region 28, N. L. R. B., Albuquerque, N. M., for petitioner.

Stephen H. Naiman, Washington, D. C., for Retail Clerks Int. Assoc., Local 663.

Edward L. Kemble, Fort Worth, Tex., for respondent.

Before DYER and MORGAN, Circuit Judges, and KRAFT, District Judge.

DYER, Circuit Judge:

This case is before us upon the application of the Board for enforcement of its order issued against Foodway based upon findings that Foodway violated Section 8(a)(3) and (1) of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., by refusing to hire any of the non-supervisory unit employees formerly employed by its predecessor, Allied Discount Foods, because of the employees' membership in a union, and the Board's further finding...

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