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LOCAL NO. 627, INT. U. OF OPERATING ENG. v. N. L. R. B.

No. 73-2277.

518 F.2d 1040 (1975)

LOCAL NO. 627, INTERNATIONAL UNION OF OPERATING ENGINEERS, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, South Prairie Construction Company and Peter Kiewit Sons' Company, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided September 8, 1975.

Rehearing Denied November 4, 1975.

Attorney(s) appearing for the Case

Laurence Gold, Washington, D. C., for petitioner. J. Albert Woll, Washington, D. C., was on the brief for petitioner.

Margery Lieber, Atty., N. L. R. B., with whom John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel and William H. DuRoss, III, Atty., N. L. R. B., were on the brief for respondent.

Edward E. Soule, Oklahoma City, Okl., was on the brief for intervenor South Prairie Construction Co.

Robert H. Doyle, Omaha, Neb., entered an appearance for intervenor Peter Kiewit Sons' Co.

Before TAMM and LEVENTHAL, Circuit Judges, and MILLER, Judge, United States Court of Customs and Patent Appeals.

Rehearing En Banc Denied November 4, 1975.

Opinion for the Court filed by Judge MILLER.

MILLER, Judge:

Petitioner seeks review of the order of the National Labor Relations Board dismissing a section 8(a)(1) and (5) (29 U.S.C. § 158(a)(1) and (5))1 complaint issued September 6, 1972, against respondents Peter Kiewit Sons' Co. ("Kiewit") and South Prairie Construction Co. ("South Prairie"). The Board reversed...

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