ALKIRE v. N.L.R.B.

Nos. 82-1135, 82-1401.

716 F.2d 1014 (1983)

Denzil S. ALKIRE, a sole proprietorship, and Upshur Enterprises, Inc., a corporation, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MOUNTAINEER HAULING AND RIGGING, INC., Respondent.

United States Court of Appeals, Fourth Circuit.

Decided August 30, 1983.

Rehearing and Rehearing Denied October 18, 1983.


Attorney(s) appearing for the Case

Charles M. Surber, Jr., Charleston, W.V. (Forrest H. Roles, Jackson, Kelly, Holt & O'Farrell, Charleston, W.V., on brief), for petitioners.

David S. Fishback, Washington, D.C. (William S. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Carl A. De Deo, Washington, D.C., on brief), for N.L.R.B.

Before WIDENER and SPROUSE, Circuit Judges, and GORDON, Senior District Judge.


Rehearing and Rehearing En Banc Denied October 18, 1983.

GORDON, Senior District Judge.

Denzil S. Alkire (Alkire), a sole proprietorship, and Upshur Enterprises, Inc. (Upshur), a corporation wholly owned by Alkire, seek review of a finding by the National Labor Relations Board (the Board) that they are both alter egos of Mountaineer Hauling and Rigging, Inc. (Mountaineer). As a consequence of its alter ego finding, the Board ruled that all three...

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