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ALLENTOWN MACK SALES AND SERVICE, INC. v. N.L.R.B.

No. 95-1272.

83 F.3d 1483 (1996)

ALLENTOWN MACK SALES AND SERVICE, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Stephen D. Shawe, Baltimore, MD, argued the cause and filed the briefs for petitioner. Frances O. Taylor entered an appearance.

Linda Dreeben, Supervisory Attorney, National Labor Relations Board, Washington, DC, argued the cause for respondent. With her on the brief were Linda R. Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel. Peter D. Winkler, Supervisory Attorney, National Labor Relations Board, entered an appearance.

Before: SENTELLE, RANDOLPH, and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge RANDOLPH.

Dissenting opinion filed by Circuit Judge SENTELLE.

RANDOLPH, Circuit Judge:

Mack Trucks, Inc. sold its truck dealership and repair shop in Allentown, Pennsylvania, to a company formed by three of the dealership's managers. The new company — Allentown Mack Sales and Service, Inc. — took over on December 21, 1990.

For many years before the sale, a union represented the dealership...

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