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N. L. R. B. v. ROBIN AMERICAN CORPORATION

No. 79-4064.

667 F.2d 1170 (1982)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ROBIN AMERICAN CORPORATION, Respondent.

United States Court of Appeals, Fifth Circuit. Unit B

February 16, 1982.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Assoc. Gen. Counsel, William A. Lubbers, Gen. Counsel, John E. Higgins, Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, David S. Fishback, Atty., N. L. R. B., Washington, D. C., for petitioner.

Muller, Mintz, Kornreich, Caldwell & Casey, Herbert B. Mintz, Miami, Fla., for respondent.

Before GODBOLD, Chief Judge, MORGAN and HENDERSON, Circuit Judges.

(On Petition for Rehearing)

GODBOLD, Chief Judge:

We grant Robin American's petition for rehearing in order to consider the effect on the Board's order of the Supreme Court's recent decision in First National Maintenance Corp. v. NLRB, 452 U.S. 666, 101 S.Ct. 2573, 69 L.Ed.2d 318 (1981), rendered after oral argument was held in this case.

In First National Maintenance the Supreme Court held that an economically...

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