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NATIONAL LABOR RELATIONS BOARD v. SOUTHERN PLASMA CORPORATION

No. 79-2970.

633 F.2d 1210 (1981)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SOUTHERN PLASMA CORPORATION, Respondent.

United States Court of Appeals, Fifth Circuit.

January 8, 1981.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, L. Joseph Ferrara, N.L.R.B., Washington, D.C., for petitioner.

Huey, Camper & Guilday, Thomas J. Guilday, Tallahassee, Fla., for respondent.

Before KRAVITCH, HENDERSON and REAVLEY, Circuit Judges.

ON PETITION FOR REHEARING

PER CURIAM:

The petitioner, the National Labor Relations Board requests that we reexamine the propriety of the following language appearing in the panel opinion:

The ALJ treated as a separate violation of §§ 8(a)(1) and 8(a)(3) Gurley's refusing to rehire Huguley in November of 1977, after the business reopened. At the outset, we must conclude that the ALJ's decision is at least partially incorrect as a matter...

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