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MERCHANTS TRUCK LINE, INC. v. N.L.R.B.

No. 77-3043.

577 F.2d 1011 (1978)

MERCHANTS TRUCK LINE, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

August 7, 1978.

Attorney(s) appearing for the Case

Leslie Darden, New Albany, Miss., for petitioner, cross-respondent.

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

Before WISDOM, GOLDBERG and RUBIN, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The issue before us is whether substantial evidence supports the NLRB's conclusion that the employer, Merchants,1 in violation of §§ 8(a)(1) and 8(a)(3) of the National Labor Relations Act, discharged four employees because they signed union authorization cards, and in order to discourage pro-union activity among its employees. The record permits other inferences and contains evidence that would...

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