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BERRY SCHOOLS v. N.L.R.B.

No. 79-1266.

653 F.2d 966 (1981)

The BERRY SCHOOLS, Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit. Unit B

August 17, 1981.

Attorney(s) appearing for the Case

Fisher & Phillips, Robert W. Ashmore, Richmond Mason Barge, Atlanta, Ga., for petitioner, cross-respondent.

Elliott Moore, Deputy Associate, Gen. Counsel, Howard E. Perlstein, N. L. R. B., Washington, D. C., for respondent, cross-petitioner.

Before GEWIN, RONEY and HATCHETT, Circuit Judges.

RONEY, Circuit Judge:

This case is before the Court on petition for review and cross-application for enforcement of an order of the National Labor Relations Board finding The Berry Schools committed an unfair labor practice by granting only a substandard salary increase to Dr. N. Gordon Carper for the 1977-78 academic year. Because there is insufficient evidence in the record to support the Board's finding that the action was in retaliation for Carper's protected...

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