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KROGER CO. v. N.L.R.B.

Nos. 78-1372, 78-1417.

647 F.2d 634 (1980)

The KROGER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. DURO PAPER BAG MANUFACTURING CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided October 27, 1980.

Rehearing and Rehearing Denied December 29, 1980.

Attorney(s) appearing for the Case

Thomas E. Murphy, Kroger Company Law Department, Cincinnati, Ohio, for Kroger Co.

Lawrence J. Barty, Taft, Stettinius & Hollister, Cincinnati, Ohio, for Duro Paper Bag Mfg. Co.

Elliott Moore, Deputy Associate Gen. Counsel, Howard Perlstein, Catherine Garcia, N. L. R. B., Washington, D. C., Emil C. Farkas, Director Region 9, N. L. R. B., Cincinnati, Ohio, for N. L. R. B.

Before MERRITT, KENNEDY and BOYCE F. MARTIN, Jr., Circuit Judges.

Rehearing and Rehearing En Banc Denied December 29, 1980.

CORNELIA G. KENNEDY, Circuit Judge.

The Kroger Co. and Duro Paper Bag Mfg. Co. appeal the National Labor Relations Board's (NLRB) dismissal of charges that the United Paper Workers International Union, Local 832, had engaged in an unfair labor practice by picketing to promote a secondary boycott against Kroger in violation of § 8(b)(4)(ii)(B) of the National Labor Relations Act, 29 U.S.C. 151,...

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