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CEDAR COAL CO. v. N. L. R. B.

No. 80-1697.

678 F.2d 1197 (1982)

CEDAR COAL COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided May 19, 1982.

Attorney(s) appearing for the Case

Forrest H. Roles, Charleston, W. Va. (Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., on brief), for petitioner.

Daniel Pollitt, 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, Kenneth B. Hipp, Deputy Asst. Gen. Counsel, Linda B. Weisel, Washington, D. C., on brief), for respondent.

Before WINTER, Chief Judge, WIDENER, Circuit Judge and BRITT, District Judge.

WIDENER, Circuit Judge:

Cedar Coal Company petitions this court for review of a National Labor Relations Board decision requiring it to offer employment to Roger L. Hammack. The NLRB cross-petitions for enforcement of its order. At issue is whether the NLRB General Counsel established a prima facie violation by Cedar Coal of Sections 8(a)(1) and (3) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1), (3), and whether the administrative law judge...

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