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SWEARINGEN AVIATION CORP. v. N.L.R.B.

No. 77-1095.

568 F.2d 458 (1978)

SWEARINGEN AVIATION CORPORATION, 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

Frank S. Manitzas, San Antonio, 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, Allison W. Brown, Jr., Deputy Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Sandra S. Elligers, Atty., N. L. R. B., Washington, D. C., for respondent, cross-petitioner.

Before BROWN, Chief Judge, GEWIN and TJOFLAT, Circuit Judges.

GEWIN, Circuit Judge:

Swearingen Aviation Corporation (the Company) petitions to set aside a decision and order of the National Labor Relations Board (the Board), and the Board cross-petitions for enforcement. Swearingen was found by the Administrative Law Judge (ALJ) to have violated Section 8(a)(1) of the National Labor Relations Act (the Act)1 by threatening employees with discharge if they...

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