The EDWARD J. DeBARTOLO CORPORATION, Petitioner,
The American Retail Federation, The Chamber of Commerce of the United States of America, Amici Curiae,
v.
NATIONAL LABOR RELATIONS BOARD, Respondent,
Florida Gulf Coast Building Trades Council, Intervenor,
Building and Construction Trades Department, Amicus Curiae.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued June 3, 1981.
Decided October 20, 1981.
Rehearing and Rehearing Denied January 26, 1982.
Attorney(s) appearing for the Case
Mark E. Levitt, W. Reynolds Allen, Coral Gables, Fla. (Hogg, Allen, Ryce, Norton and Blue, P. A., Coral Gables, Fla., on brief), for petitioner.
Candace Carroll, Washington, D. C. (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, Richard B. Bader, Washington, D. C., on brief), for respondent.
Mark F. Kelly, Tampa, Fla. (Richard H. Frank, Frank, Chamblee & Kelly, P. A., Tampa, Fla., on brief), for intervenor The Florida Gulf Coast Building Trades Council.
Lawrence M. Cohen, Lynn E. Gilfillan, Steven L. Gillman, Fox & Grove, Chartered, Chicago, Ill., Stephen A. Bokat, National Chamber Litigation Center, Washington, D. C., on brief, for amicus curiae Chamber of Commerce of the United States of America.
Laurence J. Cohen, Robert D. Kurnick, Sherman, Dunn, Cohen, Leifer & Counts, Washington, D. C., on brief, for amicus curiae The Building and Construction Trades Dept., AFL-CIO.
Jack L. Whitacre, Terry L. Karnaze, Spencer, Fane, Britt & Browne, Kansas City, Mo., on brief, for amicus curiae American Retail Federation.
Before BUTZNER and ERVIN, Circuit Judges, and BRITT, District Judge.
United States Court of Appeals, Fourth Circuit.
Rehearing and Rehearing En Banc Denied January 26, 1982.
ERVIN, Circuit Judge:
The Edward J. DeBartolo Corporation (DeBartolo) petitions this court to review and set aside an order of the National Labor Relations Board (the Board) dismissing a complaint alleging that the handbilling activity of the Florida Gulf Coast Building Trades Council, AFL-CIO (the Union) at one of DeBartolo's shopping malls violated federal labor laws. Upon review, we deny the petition...
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