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  5. 937 F.2d 887 (1991)
 

N.L.R.B. v. ALAN MOTOR LINES INC.

Nos. 90-3592, 90-3647.

937 F.2d 887 (1991)

NATIONAL LABOR RELATIONS BOARD, Petitioner in 90-3592, v. ALAN MOTOR LINES INC., Respondent. Petitioner in 90-3647.

United States Court of Appeals, Third Circuit.

Decided July 5, 1991.

Attorney(s) appearing for the Case

Gerald L. Dorf (argued) and John C. Scannell, Gerald L. Dorf, P.C., Rahway, N.J., for petitioner/cross-respondent, Alan Motor Lines, Inc.

Judy A. Dowd, Supervisory Atty., John H. Fawley (argued), Atty., N.L.R.B., Washington, D.C., Jerry M. Hunter, Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, and Aileen A. Armstrong, Deputy Associate Gen. Counsel, for respondent/cross-petitioner, N.L.R.B.

Before STAPLETON and ALITO, Circuit Judges and CAHN, District Judge.

OPINION

ALITO, Circuit Judge:

Alan Motor Lines, Inc. has petitioned for review of an order of the National Labor Relations Board holding, inter alia, that the company violated Section 8(a)(1) and (3) of the National Labor Relations Act by refusing to rehire an employee because he engaged in union activities. The Board has also petitioned for enforcement of its order. Because the Board's order is inconsistent with a critical finding of fact that was...

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