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RED FOOD STORES, INC. v. N. L. R. B.

No. 78-3546.

604 F.2d 324 (1979)

The RED FOOD STORES, INC., Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 9, 1979.

Attorney(s) appearing for the Case

Aileen A. Armstrong, Asst. Gen. Counsel, Special Litigation, Div. of Enforcement Litigation, Ruth E. Peters, Atty., Linda J. Dreeben, Atty., N. L. R. B., Washington, D. C., for defendants-appellants.

William M. Pate, Atlanta, Ga., James P. Durante, New York City, for plaintiff-appellee.

Before GOLDBERG, AINSWORTH and KRAVITCH, Circuit Judges.

GOLDBERG, Circuit Judge:

The National Labor Relations Board ("NLRB") appeals from an order of the District Court requiring the NLRB to turn over witness statements in its file concerning a representation election involving a different employer to appellee Red Food Stores, Inc. ("Red Food") prior to holding a hearing on an unfair labor practice charge against Red Food. Because we find the factual differences between this case and Anderson Greenwood & Co. v....

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