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JACOBO MARTI & SONS, INC. v. N.L.R.B.

No. 81-1971.

676 F.2d 975 (1982)

JACOBO MARTI & SONS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided April 26, 1982.

Attorney(s) appearing for the Case

John E. Lyncheski (argued), James P. Hollihan, Manion, Alder & Cohen, Pittsburgh, Pa., for petitioner.

Victoria Higman (argued), W. Christian Schumann, Susan Tepper Papadopoulos, 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 HUNTER, WEIS and HIGGINBOTHAM, Circuit Judges.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal an employer attacks the jurisdiction of the National Labor Relations Board on First Amendment grounds. The employer processes cheese from milk supplied by a cooperative controlled by Amish farmers who oppose unions as a matter of religious belief. Alleging that if the Board exercises jurisdiction, the Amish will lose their market for milk and the cheese plant will lose its sole supplier, the employer...

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