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N. L. R. B. v. ROMAN CATHOLIC DIOCESE OF BROOKLYN

No. 1114, Docket 76-4021.

535 F.2d 1387 (1976)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ROMAN CATHOLIC DIOCESE OF BROOKLYN and St. Leo's Parish, as Joint Operators of St. Leo's School, Respondents.

United States Court of Appeals, Second Circuit.

Decided June 4, 1976.

Attorney(s) appearing for the Case

John D. Burgoyne, Washington, D. C. (John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on the brief), for petitioner.

James A. Flynn, New York City (Jacob Silverman, Lorenz, Finn, Giardino & Lambos, New York City, on the brief), for respondents.

Before KAUFMAN, Chief Judge, CLARK, Associate Justice, and TIMBERS, Circuit Judge.

PER CURIAM:

In opposing this petition for enforcement, the respondents contend, inter alia, that the Board lacked jurisdiction over them under 29 U.S.C. § 160(a). It is conceded that St. Leo's Parish does not have a sufficient impact on commerce to meet the Board's jurisdictional prerequisites. Nevertheless, the Board asserted jurisdiction on the ground that the Roman Catholic Diocese of Brooklyn, over which...

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