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FIRESTONE TIRE & RUBBER CO. v. N. L. R. B.

No. 75-1891.

539 F.2d 1335 (1976)

The FIRESTONE TIRE AND RUBBER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 4, 1976.

Attorney(s) appearing for the Case

Walter B. Connolly, Jr., Asst. Counsel, Akron, Ohio, The Firestone Tire and Rubber Co. (Lester S. Hyman, John S. Hoff, Leva, Hawes, Symington, Martin & Oppenheimer, Washington, D. C., on brief), for petitioner.

John C. Rother, Atty., N. L. R. B., Washington, D. C. (Alan D. Cirker, Atty., N. L. R. B., John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on brief), for respondent.

Before WINTER and RUSSELL, Circuit Judges, and FIELD, Senior Circuit Judge.

DONALD RUSSELL, Circuit Judge:

The employer, The Firestone Tire & Rubber Company, has petitioned to review and set aside, and the National Labor Relations Board in turn has cross-petitioned to enforce, an order of the Board finding that Firestone violated § 8(a)(3) and (1) of the Act by discharging one Clark Trowbridge.1 We deny enforcement.

Trowbridge applied for and secured employment at the Wyandotte plant of Firestone...

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