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N. L. R. B. v. TRI-STATE TRANSPORT CORP.

No. 80-1270.

649 F.2d 993 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TRI-STATE TRANSPORT CORPORATION, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 21, 1981.

Attorney(s) appearing for the Case

Jolane A. Findley, N.L.R.B., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, John D. Burgoyne, Asst. Gen. Counsel, Washington, D. C., on brief), for petitioner.

Maxwell A. Howell, Washington, D. C., for respondent.

Before HAYNSWORTH, Chief Judge, INGRAHAM, Senior Circuit Judge, and MURNAGHAN, Circuit Judge.

INGRAHAM, Circuit Judge.

Pursuant to section 10(e) of the National Labor Relations Act (the Act), 29 U.S.C. § 160(e) (1976), the National Labor Relations Board (the Board) seeks enforcement of its order issued on September 28, 1979, against Tri-State Transport Corporation (Tri-State) of Wheeling, West Virginia. After formal hearing, the Administrative Law Judge (ALJ) concluded that Henry Cunningham was an employee of Tri-State within the meaning of section 2...

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