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N.L.R.B. v. FIRST TERMITE CONTROL CO., INC.

No. 80-7142.

646 F.2d 424 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. FIRST TERMITE CONTROL CO., INC., Respondent.

United States Court of Appeals, Ninth Circuit.

Decided May 29, 1981.

As Amended August 5, 1981.

Attorney(s) appearing for the Case

Mendelssohn McLean, Washington, D. C., for petitioner.

Richard J. Perez, Lempres & Wulfsberg, Oakland, Cal., for respondent.

Before PREGERSON, ALARCON, NELSON, Circuit Judges.

ALARCON, Circuit Judge:

The National Labor Relations Board (NLRB) has applied for enforcement of its order requiring First Termite Control Co. (Termite) to cease and desist in unfair labor practices. The NLRB failed to establish the jurisdictional requirement of interstate commerce by admissible evidence. We must deny the enforcement order.

FACTS

Termite, an Oakland, California, company, provides termite and pest control services to private...

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