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  5. 945 F.2d 1290 (1991)
 

NEW RIVER INDUSTRIES, INC. v. N.L.R.B.

Nos. 90-3173, 90-3181.

945 F.2d 1290 (1991)

NEW RIVER INDUSTRIES, INCORPORATED, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NEW RIVER INDUSTRIES, INCORPORATED, Respondent, v. NATIONAL LABOR RELATIONS BOARD, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided October 4, 1991.

As Amended October 24, 1991.

Attorney(s) appearing for the Case

James Hamilton Stewart, III, Ogletree, Deakins, Nash, Smoak and Stewart, Greenville, S.C., argued (Jack C. Clary, on brief), for petitioner New River Industries, Inc.

John Duncan Burgoyne, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., argued (Jerry M. Hunter, Gen. Counsel, D. Randall Frye, Acting Deputy Gen. Counsel, Aileen A. Armstrong, Deputy Associate Gen. Counsel, on brief), for respondent.

Before WIDENER and NIEMEYER, Circuit Judges, and MURRAY, Senior District Judge for the District of Maryland, sitting by designation.

OPINION

NIEMEYER, Circuit Judge:

Edward Smith and Jeanie Simpson were terminated from their employment with New River Industries, Inc. on November 15, 1988, for collaborating in the preparation and posting of a mocking and sarcastic letter that was critical of New River. After a charge of unfair labor practice was filed, the National Labor Relations Board (NLRB) found that New River had violated § 8(a)(1) and (3) of the National Labor Relations Act...

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