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N. L. R. B. v. EAGLE MATERIAL HANDLING, INC.

Nos. 76-2256 and 77-1186.

558 F.2d 160 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. EAGLE MATERIAL HANDLING, INC., a subsidiary of Somerset Tire Service, Inc., and Somerset Tire Service, Inc., Respondents in No. 77-1186, Eagle Material Handling of New Jersey, Respondent in No. 76-2256.

United States Court of Appeals, Third Circuit.

Decided June 22, 1977.

Attorney(s) appearing for the Case

Paul J. Spielberg, Deputy Asst. Gen. Counsel, Alan Banov, Atty., John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D.C., for petitioner.

William W. Lanigan, Edmond M. Konin, Lanigan, O'Connell and Hirsh, P.A., Basking Ridge, N.J., for respondents.

Before ADAMS, ROSENN and WEIS, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

The National Labor Relations Board petitions for the enforcement of two orders entered against respondent Eagle Material Handling of New Jersey ("Eagle" or "the employer"). The first order directs Eagle to cease and desist from unfair labor practices in violation of section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1) (1970), to recognize and bargain with the International Union of Operating...

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