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N.L.R.B. v. HUDSON RIVER AGGREGATES

No. 327, Docket 80-4114.

639 F.2d 865 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HUDSON RIVER AGGREGATES, INC., Respondent.

United States Court of Appeals, Second Circuit.

Decided January 14, 1981.

Attorney(s) appearing for the Case

Susan L. Dolin, 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, John D. Burgoyne, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., of counsel), for petitioner.

Frederick D. Braid, Rains & Pogrebin, Mineola, N. Y., for respondent.

Before FRIENDLY and OAKES, Circuit Judges, and OWEN, District Judge.

OAKES, Circuit Judge:

This case, having as its principal issue whether an employer was properly treated as a successor, is here on a petition by the National Labor Relations Board for enforcement of its order issued against Hudson River Aggregates, Inc. (HRA), on October 22, 1979. The Board, substantially adopting the recommended order of the Administrative Law Judge, directed HRA to cease and desist from certain unfair labor practices and to take affirmative steps...

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