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MOSHER STEEL CO. v. N.L.R.B.

No. 76-4516.

568 F.2d 436 (1978)

MOSHER STEEL COMPANY, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

February 27, 1978.

Attorney(s) appearing for the Case

Larry M. Lesh, Dallas, Tex., for petitioner, cross-respondent.

Elliott Moore, Deputy Assoc., Gen. Counsel, John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, Marjorie S. Gofreed, Michael S. Winer, N.L.R.B., Washington, D. C., for respondent, cross-petitioner.

Before AINSWORTH, SIMPSON and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This case is before the court on petition of Mosher Steel Company (Mosher) to review and set aside, and Cross-Petition of the National Labor Relations Board (Board) to enforce, that portion of the Decision and Order of the Board reported in 226 NLRB No. 180. The Board held that Mosher unlawfully refused to reinstate James Smothers, Douglas Wallace, and Juventino Buruato.

Because reinstatement is at issue it is necessary to consider...

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