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BLACKMAN-UHLER CHEM. DIV. SYNALLOY CORP. v. N.L.R.B.

No. 76-1530.

561 F.2d 1118 (1977)

BLACKMAN-UHLER CHEMICAL DIVISION, SYNALLOY CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided September 12, 1977.

Attorney(s) appearing for the Case

Arthur McM. Erwin, Spartenburg, S. C. (Erwin, Bradley & Edwards, Spartenburg, S. C., on brief), for petitioner.

David A. Fleischer, Atty., N. L. R. B., Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Michael S. Winer, Atty., N. L. R. B., Washington, D. C., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, and WINTER, BUTZNER, RUSSELL, WIDENER and HALL, Circuit Judges, sitting in banc.

PER CURIAM:

A split panel of the court granted enforcement of the Board's order in Blackman-Uhler Chemical Division v. NLRB, 558 F.2d 705 (4 Cir. 1977), and we granted rehearing in banc.

If the in banc court were to decide this case in accordance with the law in effect at the time the case was decided by the Board and the panel decision, the in banc court, by a split vote...

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