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LEVINE v. C & W MINING CO., INC.

No. 79-3229.

610 F.2d 432 (1979)

Bernard LEVINE, Regional Director for Region 8 of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee, v. C & W MINING CO., INC. and/or C & W Hauling Company, Inc., Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 11, 1979.

Rehearing and Rehearing Denied February 25, 1980.

Attorney(s) appearing for the Case

Sheldon R. Jaffery, Zellmer & Gruber, Maxwell J. Gruber, Joyce L. Koontz, Cleveland, Ohio, John Orr Beck, Lisbon, Ohio, for respondent-appellant.

Joseph E. Mayer, John W. Hornbeck, N.L. R.B., Washington, D. C., B. Patricia Dyson, John Kollar, Cleveland, Ohio, for petitioner-appellee.

Before LIVELY and MERRITT, Circuit Judges, and PECK, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied February 25, 1980.

LIVELY, Circuit Judge.

In this labor case we review a temporary injunction issued by the district court pending a final decision by the National Labor Relations Board (NLRB or Board) in pending unfair labor practice proceedings. The injunction was issued pursuant to section 10(j) of the Labor Management Relations Act, 1947, as amended (The Act), 29 U.S.C. § 160(j), which provides:

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