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N.L.R.B. v. HEID

No. 666, Docket 79-4170.

615 F.2d 962 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Valentine A. HEID Estate, First Trust & Deposit Co., Trustee, d/b/a Heid's Lunch Stand, Respondent.

United States Court of Appeals, Second Circuit.

Decided February 22, 1980.

Attorney(s) appearing for the Case

Michael F. Messitte, Washington, D.C. (Norton J. Come, Acting Gen. Counsel, John E. Higgins, Jr., Kenneth B. Hipp, Robert V. Allen and Elliott Moore, Washington, D.C., of counsel), for petitioner.

Raymond W. Murray, Jr., Syracuse, N.Y. (Louis P. DiLorenzo, Bond, Schoeneck & King, Syracuse, N.Y., of counsel), for respondent.

Before SMITH and FEINBERG, Circuit Judges, and BRIEANT, District Judge.

BRIEANT, District Judge:

Petitioner ("the Board"), seeks enforcement of its order issued July 19, 1979, reported at 243 NLRB No. 85, which requires Respondent Heid's Lunch Stand ("the Employer"), to bargain collectively with the Hotel, Motel, Restaurant, Cafeteria Employees and Bartenders Union, Local 150 ("the Union"). The validity of that order depends upon the determination by the Board in an underlying representation proceeding that Robert M. Heid ("young...

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