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SUPERIOR BAKERY, INC. v. N.L.R.B.

Nos. 263, 368, Dockets 89-4072, 89-4098.

893 F.2d 493 (1990)

SUPERIOR BAKERY, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided January 8, 1990.

Attorney(s) appearing for the Case

Thomas W. Budd, New York City (Clifton Budd & DeMaria, Eric S. Lamm, Richard K. Muser, of counsel), for petitioner, cross-respondent.

Margaret G. Bezou, Atty., N.L.R.B., Washington, D.C. (Peter Winkler, Supervisory Atty., Joseph E. Desio, Acting Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent, cross-petitioner.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.

FEINBERG, Circuit Judge:

Superior Bakery, Inc. (Superior) petitions for review of a May 1989 order of the National Labor Relations Board, and the Board cross-applies for enforcement. The Board held, among other things, that Superior had violated §§ 8(a)(1) and (5) of the National Labor Relations Act, 29 U.S.C. §§ 158(a)(1) and (5), when it withdrew recognition from a union based upon a petition indicating loss of employee support for the union...

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