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BUFFALO BITUMINOUS, INC. v. N.L.R.B.

No. 77-1001.

564 F.2d 267 (1977)

BUFFALO BITUMINOUS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, International Union of Operating Engineers, Local No. 49, Intervenor-Respondent.

United States Court of Appeals, Eighth Circuit.

Decided November 4, 1977.

Attorney(s) appearing for the Case

David R. Hols, Felhaber, Larson, Fenlon & Vaogt, St. Paul, Minn., made argument, filed appearance and appendix and brief, and made rebuttal, for petitioner.

Arnold Podgorsky, Atty., N.L.R.B., Washington, D.C. (argued), and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C. (on brief), for respondent; John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, and N.L.R.B., Washington, D.C., on brief.

Bruce A. Finzen, Robins, Davis & Lyons, St. Paul, Minn., argued and filed appearance for intervenor-respondent.

Before VAN OOSTERHOUT, Senior Circuit Judge, STEPHENSON, Circuit Judge, and MARKEY, Chief Judge.

STEPHENSON, Circuit Judge.

This case is before us on the petition of Buffalo Bituminous, Inc. (Buffalo) to review and on the cross-application of the National Labor Relations Board (Board) to enforce an order of the Board issued December 7, 1976, against Buffalo.1 The Board in affirming the findings and conclusions of the administrative law judge, found that Buffalo had violated 29 U.S.C. § 158(a)(1) and (5) by failing and refusing...

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