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N. L. R. B. v. POTTER ELECTRIC SIGNAL CO.

No. 78-1763.

600 F.2d 120 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. POTTER ELECTRIC SIGNAL COMPANY, Respondent, International Brotherhood of Electrical Workers, Local No. 1, AFL-CIO, Intervenor-Petitioner.

United States Court of Appeals, Eighth Circuit.

Decided May 21, 1979.

Rehearing and Rehearing Denied July 9, 1979.

Attorney(s) appearing for the Case

Sara McLaurin Green, Atty., N.L.R.B., Washington, D.C. (argued), John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Kenneth B. Hipp, Deputy Asst. Gen. Counsel, N.L.R.B., Washington, D.C., on brief, for petitioner, N.L.R.B.

Davis Biggs, Jr. of Biggs, Casserly, Barnes, Fickie & Wolf, St. Louis, Mo., argued and on brief, for respondent, Potter Electric.

Marilyn S. Teitelbaum of Schuchat, Cook & Werner, St. Louis, Mo., argued and on brief, for intervenor-petitioner, International Brotherhood.

Before ROSS, STEPHENSON and HENLEY, Circuit Judges.

Rehearing and Rehearing En Banc Denied July 9, 1979.

ROSS, Circuit Judge.

This matter comes before us upon the application of the National Labor Relations Board (Board) for enforcement of its order holding that Potter Electric Signal Company (Potter) violated section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), when it discharged Sarah Pegues and Peggy Koelling (employees) after they had engaged in a fight on the production

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