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RETAIL STORE EMP. U., LOCAL 1001 v. N. L. R. B.

No. 76-2015.

627 F.2d 1133 (1979)

RETAIL STORE EMPLOYEES UNION, LOCAL 1001, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Safeco Title Insurance Co., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Judgment June 29, 1979.

Decided August 10, 1979.

Certiorari Granted January 7, 1980.

Attorney(s) appearing for the Case

Laurence Gold, Washington, D. C., with whom James H. Webster, Seattle, Wash., George R. Murphy, J. Albert Woll and Marsha Berzon, Washington, D. C., were on the brief, for petitioner.

John H. Ferguson, Atty., N.L.R.B., Washington, D. C., with whom John S. Irving, Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., and Anne E. Libbin, Atty., N.L.R.B., Washington, D. C., were on the brief, for respondent.

Bruce Michael Cross, Seattle, Wash., for intervenor.

Before WRIGHT, Chief Judge, and BAZELON, McGOWAN, TAMM, LEVENTHAL, ROBINSON, MacKINNON, ROBB and WILKEY, Circuit Judges.

Argued En Banc February 7, 1979.

Certiorari Granted January 7, 1980. See 100 S.Ct. 658.

Opinion for the Court filed by SPOTTSWOOD W. ROBINSON, III, Circuit Judge, in which WRIGHT, Chief Judge, and BAZELON, McGOWAN and LEVENTHAL, Circuit Judges, concur.

Dissenting Opinion filed by ROBB, Circuit Judge, in which TAMM, MacKINNON and WILKEY, Circuit Judges, concur.

On rehearing en banc.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

...

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