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O'NEIL'S MARKETS v. UNITED FOOD

Nos. 95-3410, 95-3667.

95 F.3d 733 (1996)

O'NEIL'S MARKETS, doing business as Food For Less, Inc., Petitioner, v. UNITED FOOD AND COMMERCIAL WORKERS' UNION, MEATCUTTERS LOCAL 88, AFL-CIO, CLC, Intervenor, National Labor Relations Board, Respondent. O'NEIL'S MARKETS, doing business as Food For Less, Inc., Respondent, v. NATIONAL LABOR RELATIONS BOARD, Petitioner, United Food and Commercial Workers' Union, Meatcutters Local 88, AFL-CIO, CLC, Intervenor.

United States Court of Appeals, Eighth Circuit.

Decided September 13, 1996.

Rehearing Denied October 31, 1996.

Attorney(s) appearing for the Case

Gary P. Paul, argued, Clayton, Missouri (James N. Foster, Jr., on the brief), for appellant.

John Ferguson, Assistant General Counsel, argued, Washington, DC, for appellee.

Before BOWMAN, BEAM, and MURPHY, Circuit Judges.

BEAM, Circuit Judge.

Petitioner O'Neil's Markets (O'Neil's) appeals the decision of the National Labor Relations Board (the Board) finding that O'Neil's violated section 8(a)(1) of the National Labor Relations Act (NLRA), 29 U.S.C. § 158(a)(1), by preventing union organizers from distributing handbills on the sidewalk and parking areas surrounding its grocery store. The NLRB has filed a cross-application for enforcement of its order. We affirm in part and reverse...

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