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CROWN CORK & SEAL CO., INC. v. N.L.R.B.

No. 80-1049.

659 F.2d 127 (1981)

CROWN CORK & SEAL COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, United Steelworkers of America, AFL-CIO-CLC, Intervenor.

United States Court of Appeals, Tenth Circuit.

Decided September 1, 1981.

Rehearing Denied October 13, 1981.

Certiorari Denied January 11, 1982.

Attorney(s) appearing for the Case

Allen W. Teagle, San Francisco, Cal. (Randolph C. Roeder and Floyd J. Palmer, San Francisco, Cal., with him on the brief) of Littler, Mendelson, Fastiff & Tichy, San Francisco, Cal., for petitioner.

Catherine Garcia, Washington, D. C. (Howard E. Perlstein, William S. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., with her on the brief), for respondent.

John G. Engberg of Peterson, Engberg & Peterson, Minneapolis, Minn. (William H. Schmelling, Asst. Gen. Counsel, United Steelworkers of America, Chicago, Ill., with him on the brief) for intervenor.

Before SETH, Chief Judge, McKAY, Circuit Judge, and CHRISTENSEN, District Judge.

Certiorari Denied January 11, 1982. See 102 S.Ct. 1016.

McKAY, Circuit Judge.

Petitioner-employer seeks review, and the National Labor Relations Board (Board) cross-petitions for enforcement, of a Board order finding petitioner in violation of §§ 8(a)(5) and 8(a)(1) of the National Labor Relations Act (29 U.S.C. §§ 158(a)(5), 158(a)(1)) and ordering it to bargain with the union certified by the Board as the employees' representative (the...

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