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J. F. HOFF ELEC. CO. v. N. L. R. B.

No. 79-1450.

642 F.2d 1266 (1980)

J. F. HOFF ELECTRIC COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Local Union 323, International Brotherhood of Electrical Workers, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1980.

Certiorari Denied April 20, 1981.

Attorney(s) appearing for the Case

William R. Radford, Miami, Fla., for petitioner. Peter J. Hurtgen, Washington, D. C., also entered an appearance for petitioner.

Richard B. Bader, Atty., N. L. R. B., Washington, D.C., with whom Robert E. Allen, Acting Associate Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D.C., were on brief, for respondent.

Robert Lewis, Roger S. Kaplan, and Stephen A. Bokat, Washington, D.C., were on brief, for amicus curiae, Chamber of Commerce of the United States of America, urging the granting of the petition for review and case remand.

Thomas X. Dunn, and Laurence J. Cohen, Washington, D.C., were on brief, for amicus curiae, Building and Construction Trades Department, AFL-CIO, urging denial of the petition for review.

Joseph H. Kaplan, Miami, Fla., was on brief, for intervenor. Joseph C. Segor, Miami, Fla., also entered an appearance for intervenor.

Before WRIGHT, Chief Judge, and WILKEY and WALD, Circuit Judges.

Certiorari Denied April 20, 1981. See 101 S.Ct. 1997.

Opinion for the Court filed by Circuit Judge WALD.

Dissenting opinion filed by Circuit Judge WILKEY.

WALD, Circuit Judge:

This case poses the problem of whether a "neutral gate," set up by a construction contractor to insulate neutral employers at a common site from the impact of union picketing, lost its protected status when supplies, intended...

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