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WASHINGTON MATERIALS, INC. v. N.L.R.B.

Nos. 85-2018, 86-3001.

803 F.2d 1333 (1986)

WASHINGTON MATERIALS, INC., t/a Buffalo Concrete; District Concrete Company, Inc.; Howat Concrete Company, Inc.; Maloney Concrete Company; Silver Hill Concrete Corporation and Super Concrete Corporation, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Chamber of Commerce of the U.S. Amicus Curiae/R. DRIVERS, CHAUFFEURS, AND HELPERS LOCAL UNION NO. 639, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. Chamber of Commerce of the U.S. Amicus Curiae/R.

United States Court of Appeals, Fourth Circuit.

Decided October 23, 1986.

Rehearing Denied November 26, 1986.

Attorney(s) appearing for the Case

Adin C. Goldberg, Spengler, Carlson, Gubar, Brodsky & Frischling, New York City, William H. Willcox, Reed, Smith, Shaw & McClay, Pittsburgh, Pa., Jonathan G. Axelrod, (John R. Mooney, Beins, Axelrod & Osborne, P.C., Washington, D.C., on brief), for petitioners.

Judith A. Dowd (Rosemary M. Collyer, General Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Associate General Counsel, Elliott Moore, Deputy Associate General Counsel, W. Christian Schumann, Supervisor, N.L.R.B., Washington, D.C., Louis J. D'Amico, Regional Director, Baltimore, Md., Hugh J. Beins, Washington, D.C., on brief), for respondent.

Peter G. Nash, Dixie L. Atwater, William G. Prins, Ogletree, Deakins, Nash, Smoak & Stewart, Stephen A. Bokat, National Chamber Litigation Center, Washington, D.C., on brief, for amicus curiae.

Before WIDENER, HALL, and MURNAGHAN, Circuit Judges.

Rehearing Denied November 26, 1986 in No. 85-2018.

K.K. HALL, Circuit Judge:

Washington Materials, Inc. is a corporation comprised of six ready-mix concrete suppliers in Washington, D.C. and its surrounding suburbs, including parts of Maryland and Virginia. The six companies, which trade as Washington Materials, Inc., are Buffalo Concrete, District Concrete Company, Inc., Howat Concrete Company, Inc., Maloney Concrete Company, Silver Hill Concrete Corporation...

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