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BOSTON MUT. LIFE INS. CO. v. N.L.R.B.

No. 82-1173.

692 F.2d 169 (1982)

BOSTON MUTUAL LIFE INSURANCE COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, First Circuit.

Decided October 12, 1982.

Attorney(s) appearing for the Case

Henry T. Goldman, Washington, D.C., with whom Richard J. Walsh, and Warner & Stackpole, Boston, Mass., were on brief, for petitioner.

Helen L. Morgan, Atty., with whom William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Paul J. Spielberg, Deputy Asst. Gen. Counsel, Washington, D.C., were on brief, for respondent.

Before DAVIS, CAMPBELL and BREYER, Circuit Judges.

BREYER, Circuit Judge.

The Boston Mutual Life Insurance Company, the petitioner here, discharged a debit agent named Francis Thone. Boston Mutual claims it did so because Thone made improper use of its system allowing policy-holders' premiums to be paid out of policy dividends and "because of his previous disciplinary record." The National Labor Relations Board claims that Boston Mutual's actual motive was Thone's union activity...

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