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N.L.R.B. v. DONNA-LEE SPORTSWEAR CO., INC.

No. 87-1139.

836 F.2d 31 (1987)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DONNA-LEE SPORTSWEAR CO., INC., et al., Respondents. International Ladies' Garment Workers' Union, AFL-CIO, Intervenor.

United States Court of Appeals, First Circuit.

Decided December 29, 1987.

Attorney(s) appearing for the Case

Jesse Gill with whom Rosemary M. Collyer, General Counsel, John E. Higgins, Jr., Deputy General Counsel, Robert E. Allen, Associate General Counsel, and Elliott Moore, Deputy Associate General Counsel, Washington, D.C., were on brief, for petitioner.

Donald J. Siegel, Boston, Mass., with whom Katherine D. Shea, Cambridge, Mass., and Segal, Roitman & Coleman, Boston, Mass., were on brief, for intervenor.

Michael P. DeFanti, Providence, R.I., with whom Robert P. Weintraub and Hinckley, Allen, Tobin & Silverstein, Boston, Mass., were on brief, for respondents.

Before CAMPBELL, Chief Judge, GARTH, Senior Circuit Judge, and BOWNES, Circuit Judge.

GARTH, Circuit Judge.

This petition for enforcement presents the issue of whether a district court's prior determination that a binding labor agreement between two parties had not been formed, precludes the National Labor Relations Board from deciding at a later date that in fact a contract had been formed. We deny enforcement.

I.

The purported agreement at issue in this case, was between Donna-Lee Sportswear Co., Inc. ("Donna-Lee") and Local 229...

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