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DAYTON TIRE & RUBBER CO. v. N.L.R.B.

No. 77-1106.

591 F.2d 566 (1979)

The DAYTON TIRE AND RUBBER COMPANY, a Division of Firestone Tire and Rubber Company, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

Decided January 17, 1979.

Attorney(s) appearing for the Case

Edward E. Soule, Oklahoma City, Okl., and Thorley C. Mills, Jr., Akron, Ohio, and Lytle, Soule & Emery, of counsel, Oklahoma City, Okl., for petitioner.

Paul J. Spielberg, Joseph A. Oertel, John S. Irving, John E. Higgins, Jr., Carl L. Taylor, Elliott Moore, attorneys and counsel, N. L. R. B., Washington, D. C., for respondent.

Before McWILLIAMS and BARRETT, Circuit Judges, and COOK, District Judge.

H. DALE COOK, District Judge.

The petitioner in this case, The Dayton Tire & Rubber Company (Dayton) seeks review of an order of the National Labor Relations Board (Board), 227 NLRB No. 128, requiring it to reinstate, with back pay, Paul Grammont (Grammont), an employee of Dayton's found by the Board to have been discharged in violation of Sections 8(a)(1) and 8(a)(3) of the National Labor Relations Act (29 U.S.C. §§ 158(a)(1) and 158(a)(3)). The respondent...

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