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F. W. WOOLWORTH CO. v. N. L. R. B.

No. 80-1896.

655 F.2d 151 (1981)

F. W. WOOLWORTH CO., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 31, 1981.

Rehearing and Rehearing Denied September 16, 1981.

Attorney(s) appearing for the Case

Carpenter, Bennett & Morrissey, Newark, N. J., for petitioner F. W. Woolworth Co.; Francis X. Dee (argued and of counsel), Laurence Reich, Rosemary S. Gousman, Newark, N. J., on brief.

Paul E. Bateman, Atty., N. L. R. B., Washington, D. C. (argued), 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, N. L. R. B., Washington, D. C., for respondent.

Before LAY, Chief Judge, STEPHENSON, Circuit Judge, and LARSON, Senior District Judge.

Rehearing and Rehearing En Banc Denied September 16, 1981.

LARSON, Senior District Judge.

This case began when an employee of F. W. Woolworth Co. (Woolworth), Eric Withers, filed an unfair labor practice charge with the National Labor Relations Board (Board) protesting his discharge by Woolworth. A Board ALJ subsequently decided that this discharge violated section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1), and this decision was...

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