LENNOX INDUSTRIES, INC. v. N. L. R. B.

Nos. 79-3890, 79-3894.

637 F.2d 340 (1981)

LENNOX INDUSTRIES, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LENNOX INDUSTRIES, INC., Respondent.

United States Court of Appeals, Fifth Circuit. Unit A

Rehearing and Rehearing Denied March 19, 1981.


Attorney(s) appearing for the Case

Thompson & Knight, Bennett W. Cervin, Stephen F. Fink, Dallas, Tex., for petitioner, cross-respondent, Lennox Industries, Inc., in No. 79-3890.

Elliott Moore, Deputy Associate Gen. Counsel, William A. Lubbers, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, John E. Higgins, Deputy Gen. Counsel, David A. Fleischer, Atty., N. L. R. B., Washington, D. C., for the N. L. R. B.

Stephen F. Fink, Dallas, Tex., for respondent in No. 79-3894.

W. Edwin Youngblood, Fort Worth, Tex., for other interested parties.

Before GOLDBERG, POLITZ and SAM D. JOHNSON, Circuit Judge.


Rehearing and Rehearing En Banc Denied March 19, 1981.

GOLDBERG, Circuit Judge:

Over two centuries ago, James Otis decried a political system which dared to impose taxation without representation. Nearly a decade ago, the Supreme Court played an encore to the blare of Gideon's trumpet1 and held that there could be no incarceration without representation.2 About six years ago, the Court applied this...

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