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N. L. R. B. v. DUNKIRK MOTOR INN, INC.

No. 48, Docket 75-4020.

524 F.2d 663 (1975)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DUNKIRK MOTOR INN, INC., d/b/a Holiday Inn of Dunkirk-Fredonia, Respondent.

United States Court of Appeals, Second Circuit.

Decided October 14, 1975.

Attorney(s) appearing for the Case

Jane P. Schlaifer, Atty., Washington, D. C. (Allison W. Brown, Jr., Atty., Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, N. L. R. B., Washington, D. C., on the brief), for petitioner.

John B. Drenning, Buffalo, N. Y. (Moot, Sprague, Marcy, Landy, Fernbach & Smythe, Buffalo, N. Y., on the brief), for respondent.

Before LUMBARD, MANSFIELD and TIMBERS, Circuit Judges.

LUMBARD, Circuit Judge:

The N.L.R.B. has petitioned for enforcement of its order of November 22, 1974, 215 N.L.R.B. No. 29, former Chairman Miller dissenting, directing the Dunkirk Motor Inn of Dunkirk, New York1 to cease and desist from its violation of Sections 8(a)(1) and (5) of the Act. We are, however, constrained to agree with the Company that Local 34 of the Amalgamated Meatcutters and Butcher Workmen of North America (the Union...

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