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N. L. R. B. v. A. DUIE PYLE, INC.

No. 78-2223.

606 F.2d 379 (1979)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. A. DUIE PYLE, INC., Respondent.

United States Court of Appeals, Third Circuit.

Decided September 14, 1979.

Attorney(s) appearing for the Case

Kenneth B. Hipp, Sharon A. Gallagher (argued), N. L. R. B., Washington, D. C., for petitioner.

Timothy P. O'Reilly (argued), Dennis J. Morikawa, Michael A. Hacker, Morgan, Lewis & Bockius, Philadelphia, Pa., for respondent.

Before ADAMS, ROSENN and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

ROSENN, Circuit Judge.

In this case the National Labor Relations Board ("Board" or "NLRB") seeks enforcement of its order directing a common carrier to bargain with truck owner-operators who lease their vehicles to the company. The critical issue is whether these truckers are "employees," or are "independent contractors" who are expressly exempted from the coverage of the National Labor Relations Act, as amended, 29 U.S.C. § 152...

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