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N. L. R. B. v. HOT BAGELS AND DONUTS, ETC.

No. 1160, Docket 80-4009.

622 F.2d 1113 (1980)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOT BAGELS AND DONUTS OF STATEN ISLAND, INC., and Amboy Baking, Inc., Respondents.

United States Court of Appeals, Second Circuit.

Decided June 5, 1980.

Attorney(s) appearing for the Case

Irving T. Bush, New York City (Miller & Bush, New York City, of counsel), for respondent Amboy Baking, Inc.

Christopher W. Katzenback, Atty., N. L. R. B., Washington, D. C. (William A. Lubbers, General Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., of counsel), for petitioner.

Before LUMBARD, MANSFIELD and MULLIGAN, Circuit Judges.

LUMBARD, Circuit Judge:

The question for decision in this case is whether or not Amboy Baking, Inc. ("Amboy") is the successor to Hot Bagels and Donuts of Staten Island, Inc. ("Bagels") and thus subject to an order issued by the National Labor Relations Board ("Board" or "NLRB") granting backpay and reinstatement to certain Bagels employees after a finding by the NLRB that Bagels had engaged in unfair labor practices. We answer this question affirmatively, and, accordingly...

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