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KRISPY KREME DOUGHNUT CORP. v. N. L. R. B.

No. 79-1645.

635 F.2d 304 (1980)

KRISPY KREME DOUGHNUT CORP., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Bakery, Confectionery and Tobacco Workers International Union, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Fourth Circuit.

Decided December 8, 1980.

Attorney(s) appearing for the Case

H. Lane Dennard, Jr., Greenville, N.C. (Jonathan P. Pearson, Ogletree, Deakins, Smoak, Stewart & Edwards, Greenville, N.C., on brief), for petitioner.

Lafe E. Solomon, N.L.R.B., Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Kenneth B. Hipp, Deputy Asst. Gen. Counsel, Washington, D.C., on brief), for respondent.

Judith E. Kincaid, Raleigh, N.C. (Shelley Blum, North Carolina Labor Law Center, Raleigh, N.C., on brief), for intervenor.

Before RUSSELL, WIDENER and PHILLIPS, Circuit Judges.

DONALD RUSSELL, Circuit Judge:

The petitioner-employer seeks review of a Board order finding the discharge of the employee Terry Boggs by the petitioner violative of Section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 151, et seq., and requiring reinstatement and back pay.1 We deny enforcement of the order.

Terry Boggs was initially employed by the petitioner on August 10, 1976 and was discharged on July...

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