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AIR TRANSIT, INC. v. N. L. R. B.

No. 81-1600.

679 F.2d 1095 (1982)

AIR TRANSIT, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1982.

Attorney(s) appearing for the Case

Lawrence D. Levien, Washington, D. C. (Richard N. Appel, Berton Saul Klein, Akin, Gump, Strauss, Hauer & Feld, Washington, D. C., on brief), for petitioner.

Victoria A. Higman, N. L. R. B., 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, Candace M. Carroll, Washington, D. C., on brief), for respondent.

Before MURNAGHAN and ERVIN, Circuit Judges, and WILKINS, District Judge.

WILKINS, District Judge:

Air Transit, Inc. petitions for a review of an order of the National Labor Relations Board (hereafter the "Board") which found that taxicab drivers associated with Air Transit's business were "employees" within the meaning of Section 2(3) of the National Labor Relations Act (hereafter the "Act"), 29 U.S.C. § 152(3) (1964). Air Transit contends that the taxicab drivers are independent contractors. We agree. Accordingly, enforcement of...

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