AMAL. MEAT CUTTERS & BUTCHER WORKMEN v. N. L. R. B.

Nos. 79-1297, 79-1434.

663 F.2d 223 (1980)

AMALGAMATED MEAT CUTTERS & BUTCHER WORKMEN OF NORTH AMERICA, AFL-CIO, LOCAL 576, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Sam & Ed's, Inc., Clinton Foods, Inc., Intervenors. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CLINTON FOODS, INC., a/k/a Morton's IGA Foodliner, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided December 31, 1980.


Attorney(s) appearing for the Case

Richard B. Thompson and Richard Roesel, Washington, D. C., a member of the bar of the District of Columbia, pro hac vice by special leave of Court, with whom Robert L. Uhlig, Kansas City, Mo., was on the brief, for petitioners in No. 79-1297. Robert L. Kimbrough, Topeka, Kan., also entered an appearance for petitioners in No. 79-1297.

Michael F. Messitte, Atty., N. L. R. B., Washington, D. C., a member of the bar of the Supreme Court of Maryland, pro hac vice by special leave of Court, with whom John S. Irving, Gen. Counsel and Elliott Moore, Deputy Associate Gen. Counsel, Washington, D. C., were on the brief, for respondents in No. 79-1297 and petitioners in No. 79-1434.

Stephen P. Dees, Chicago, Ill., with whom Alvin D. Shapiro, Kansas City, Mo., was on the brief, for intervenor, Sam & Ed's, Inc., in No. 79-1297.

Stanley E. Craven, Kansas City, Mo., a member of the bar of the Supreme Court of Missouri, pro hac vice by special leave of Court, with whom Harry L. Brown was on the brief, for intervenor, Clinton's Foods, Inc., in No. 79-1297.

Before McGOWAN, TAMM and ROBB, Circuit Judges.


Opinion for the court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This case arises out of the May 1977 closing of a supermarket operated by Clinton Foods, Inc. in Clinton, Missouri. One month after the closing another supermarket operated by Sam & Ed's, Inc., opened on the same premises. The Amalgamated Meat Cutters and the Retail Store Employees Union contend that Sam & Ed's is the alter ego of Clinton...

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