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CAGLE'S, INC. v. N.L.R.B.

No. 78-1647.

588 F.2d 943 (1979)

CAGLE'S, INC., Petitioner Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

January 29, 1979.

Attorney(s) appearing for the Case

Swift, Currie, McGhee & Hiers, Victor A. Cavanaugh, Atlanta, Ga., for petitioner cross-respondent.

Elliott Moore, Deputy Assoc. Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, John S. Irving, Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, John G. Elligers, Andrew F. Tranovich, Attys., N.L.R.B., Washington, D. C., for respondent cross-petitioner.

Curtis L. Mack, Director Region 10, N.L.R.B., Atlanta, Ga., for other interested party.

Before GOLDBERG, SIMPSON and CLARK, Circuit Judges.

CHARLES CLARK, Circuit Judge:

This petition for enforcement and cross-appeal for review of National Labor Relations Board orders raises several questions regarding contract-bargaining conduct. The NLRB found that Cagle's, Inc., a corporation engaged in the processing and sale of poultry products, had committed violations of 8(a)(1), (3) and (5) of the National Labor Relations Act, 29 U.S.C.A. §§ 158(a)(1), (3), and (5), in its dealings with a union certified...

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