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SOUTHWEST MERCHANDISING CORP. v. N.L.R.B.

No. 93-1859.

53 F.3d 1334 (1995)

SOUTHWEST MERCHANDISING CORPORATION, d/b/a Handy Andy, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 12, 1995.

Rehearing and Suggestion for Rehearing Denied July 26, 1995.

Attorney(s) appearing for the Case

Frank S. Manitzas, San Antonio, TX, argued the cause and filed the briefs, for petitioner.

Paul J. Spielberg, Deputy Asst. General Counsel, N.L.R.B., Washington, DC, argued the cause, for respondent. With him on the brief were Linda Sher, Acting Associate General Counsel, Aileen Armstrong, Deputy Associate General Counsel, and David Seid, Attorney, N.L.R.B., Washington, DC.

Before WALD, SILBERMAN, and TATEL, Circuit Judges.

Rehearing and Suggestion for Rehearing In Banc Denied July 26, 1995.*

Opinion for the Court filed by Circuit Judge WALD.

Opinion concurring in part and dissenting in part filed by Circuit Judge SILBERMAN.

WALD, Circuit Judge.

This case returns to us on appeal for the second time. In the main, it poses a relatively straightforward issue of whether the National Labor Relation Board's ("NLRB" or "Board") determination...

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