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  5. 593 F.2d 1155 (1978)
 

DIST. 65, DISTRIBUTIVE WKRS. OF AMERICA v. N. L. R. B.

Nos. 77-1239, 77-1367.

593 F.2d 1155 (1978)

DISTRICT 65, DISTRIBUTIVE WORKERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Hartz Mountain Corporation, Intervenor. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. The HARTZ MOUNTAIN CORPORATION, Respondent, District 65, Distributive Workers of America, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 26, 1978.

Attorney(s) appearing for the Case

Andrew Tranovich, Atty., N. L. R. B., Washington, D. C., a member of the bar of the Supreme Court of Pennsylvania, pro hac vice, by special leave of Court with whom John S. Irving, Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on the brief, for the National Labor Relations Board, petitioner in No. 77-1367 and respondent in No. 77-1239.

Lewis M. Steel, New York City, with whom Eugene G. Eisner, New York City, was on the brief, for District 65, Distributive Workers of America, petitioner in No. 77-1239 and intervenor in No. 77-1367.

Seymour Goldstein, New York City, a member of the bar of the Supreme Court of New York, pro hac vice, by special leave of Court with whom Fred F. Fielding and James Skelly Wright, Jr., Washington, D. C., were on the brief, for The Hartz Mountain Corporation, respondent in No. 77-1367 and intervenor in No. 77-1239.

Also Lorin H. Bleecker, Washington, D. C., entered an appearance for petitioner in No. 77-1239.

Before BAZELON and MacKINNON, Circuit Judges, and JAMESON, Senior District Judge.

Opinion for the court filed by JAMESON, District Judge.

Opinion filed by BAZELON, Circuit Judge, concurring in part and dissenting in part.

JAMESON, District Judge:

These consolidated cases are before the court upon the petition of the National Labor Relations Board for enforcement of an order against The Hartz Mountain Corporation and the petition of District 65, Distributive Workers of America, the charging party, to review portions of the Board...

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