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CONSOLIDATED FREIGHTWAYS v. N. L. R. B.

No. 81-1132.

669 F.2d 790 (1981)

CONSOLIDATED FREIGHTWAYS, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Charles Hennessey, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided December 11, 1981.

Attorney(s) appearing for the Case

Sandra P. Zemm, Chicago, Ill., with whom Zachary D. Fasman, Washington, D. C., was on the brief, for petitioner.

Michael Stein, Atty., N. L. R. B., Washington, D. C., of the bar of the Supreme Court of Texas pro hac vice by special leave of the Court, with whom Elliott Moore, Deputy Associate Gen. Counsel, and Peter Winkler, Atty., N. L. R. B., Washington, D. C., were on the brief, for respondent.

Arthur L. Fox, II, Washington, D. C., entered an appearance for intervenor.

Before BAZELON, Senior Circuit Judge, and WILKEY and WALD, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner, Consolidated Freightways ("Consolidated"), seeks review of a decision of the National Labor Relations Board ("NLRB" or "Board"), 253 N.L.R.B. No. 137 (1981), ordering it to reinstate a former employee, Charles Hennessey, with full backpay. Because we find that the Board failed to address petitioner's argument that Hennessey's refusal of a prior reinstatement offer tolled petitioner...

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