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DELLING v. N.L.R.B.

No. 87-1370.

869 F.2d 1397 (1989)

Grady DELLING, Individually, and Country Boy Mr. "D" Corporation d/b/a Country Boy Markets; Grady Delling, Individually, and Glenwood, Inc. d/b/a Country Boy Markets; Grady Delling, Individually, d/b/a Country Boy Markets, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Tenth Circuit.

March 10, 1989.

Attorney(s) appearing for the Case

Charles W. Ellis of Lawrence, Ellis & Harmon, P.A., Oklahoma City, Okl., for petitioners.

Michael F. Messitte (Barbara A. Atkin, Supervisory Atty., L. Pat Wynns, Atty., 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, of the N.L.R.B., Washington, D.C., on the brief), for respondent.

Before BALDOCK, EBEL and McWILLIAMS, Circuit Judges.

McWILLIAMS, Circuit Judge.

Country Boy Markets, a chain of supermarket stores in Oklahoma, petitions this Court for review of a Decision and Order of the National Labor Relations Board (hereinafter referred to as the Board). The Board held that Country Boy violated Section 8(a)(1) of the National Labor Relations Act (hereinafter referred to as the Act), 29 U.S.C. § 158(a)(1), by discharging one of its supervisory employees, Everett Kelley, for refusing to falsify...

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