PENNYPOWER SHOP. NEWS, INC. v. N.L.R.B.

No. 80-2213.

726 F.2d 626 (1984)

PENNYPOWER SHOPPING NEWS, INC., Petitioner and Cross-Respondent, v. The NATIONAL LABOR RELATIONS BOARD, Respondent and Cross-Petitioner.

United States Court of Appeals, Tenth Circuit.

January 25, 1984.


Attorney(s) appearing for the Case

William H. Dye, Wichita, Kan. (Larry G. Rapp and Foulston, Siefkin, Powers & Eberhardt, Wichita, Kan., of counsel and on brief), for petitioner and cross-respondent.

Richard Michael Fischl, Miami, Fla. (Vivian A. Miller and Robert W. Smith, Washington, D.C. (William Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., on brief), for respondent and cross-petitioner.

Before HOLLOWAY, McWILLIAMS and BARRETT, Circuit Judges.


HOLLOWAY, Circuit Judge.

This is a petition by Pennypower Shopping News, Inc. to review and set aside an order of the National Labor Relations Board. 253 N.L.R.B. 85 (1980). The Board makes cross-application to have its order enforced. The principal question before us is whether substantial evidence on the record as a whole supports the Board's finding that Pennypower violated § 8(a)(1) of the National Labor Relations Act ("the Act"), 29 U.S.C. § 158(a)...

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