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N.L.R.B. v. C.K. SMITH & CO., INC.

No. 77-1152.

569 F.2d 162 (1977)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. C. K. SMITH & CO., INC., and Buckley Heating Co., Inc., (Gasoline Division), Respondents.

United States Court of Appeals, First Circuit.

Decided December 28, 1977.

Attorney(s) appearing for the Case

Michael S. Winer, Atty., Washington, D. C., with whom John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Judith P. Wilkenfield, Atty., Washington, D. C., were on brief, for petitioner.

Paul J. Kingston, Boston, Mass., with whom Robert W. Garrett, Paul V. Mulkern, Jr., and Thompson & Kingston, Boston Mass., were on brief, for respondents.

Before COFFIN, Chief Judge, TUTTLE, Circuit Judge, CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

The National Labor Relations Board petitions for enforcement of an order that requires, inter alia, that respondents C. K. Smith & Co. and Buckley Heating Co. cease and desist from committing certain unfair labor practices and reinstate employees who were replaced during a strike at the companies' common premises.

The Board's order is premised on a finding that the respondents, though separately incorporated, constitute...

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