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MOURNING v. N. L. R. B.

No. 75-2248.

559 F.2d 768 (1977)

Robert H. MOURNING, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, McDonnell Douglas Corporation, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided May 13, 1977.

Attorney(s) appearing for the Case

Gary Green, Washington D.C., with whom Daniel M. Katz, Washington, D.C., was on the brief, for petitioner.

Jesse I. Etelson, Atty., N.L.R.B. of the bar of the Court of Appeals of New York, Washington, D.C., pro hac vice by special leave of court, with whom John S. Irving, Jr., Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and John D. Burgoyne, Atty., N.L.R.B., Washington, D.C., were on the brief, for respondent.

Robert A. Evans, Long Beach, Cal., entered an appearance for intervenor.

Before BAZELON, Chief Judge, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion Per Curiam.

Dissenting Opinion by Circuit Judge MacKINNON.

PER CURIAM:

The issue on this appeal is whether petitioner Mourning, during the period preceding his dismissal, was an "employee" protected by the National Labor Relations Act or was a "supervisor" outside the Act's protection.1

Petitioner appeals from the NLRB's affirmance of "the rulings, findings and conclusions of the Administrative Law Judge...

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