COLETTI'S FURNITURE, INC. v. N. L. R. B.

No. 76-1317.

550 F.2d 1292 (1977)

COLETTI'S FURNITURE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided March 18, 1977.


Attorney(s) appearing for the Case

Orlando Rodio, Providence, R. I., with whom John R. Cosentino, Providence, R. I., was on brief, for petitioner.

Jay E. Shanklin, Atty., with whom John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on brief, for respondent.

Before COFFIN, Chief Judge, CAMPBELL, Circuit Judge, and GIGNOUX, District Judge.


PER CURIAM.

This was a close case for the Administrative Law Judge and the Board. There was enough conflict in the testimony and enough basis for differing credibility judgments for the decision to have gone either way. And we are somewhat concerned that, while the ALJ cited this circuit's decision in NLRB v. Fibers Int'l Corp., 439 F.2d 1311, 1312 (1st Cir. 1971), in which we held that there had to be a finding of dominant...

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