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FOUR B CORP. v. N.L.R.B.

No. 97-9577.

163 F.3d 1177 (1998)

FOUR B CORP., doing business as Price Chopper, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, United Food and Commercial Workers Union, Local 576, affiliated with United Food and Commercial Workers International Union, AFL-CIO, CLC "Local 576", Intervenor.

United States Court of Appeals, Tenth Circuit.

December 18, 1998.

Attorney(s) appearing for the Case

John D. Dunbar (Kelly S. May Moothart, with him on the briefs), Daniels & Kaplan, P.C., Kansas City, MO, for petitioner/cross-respondent.

Fred L. Cornnell (Frederick L. Feinstein, Acting General Counsel, Linda Sher, Associate General Counsel, and Aileen A. Armstrong, Deputy Associate General Counsel, with him on the brief), National Labor Relations Board, Washington, DC, for respondent/cross-petitioner.

David M. Silberman, Bredhoff & Kaiser, Washington, DC (Laurence Gold, Bredhoff & Kaiser, Washington, DC; James Coppess, Lynn Rhinehart, Washington, DC; Peter J. Ford, Washington, DC; Robert J. Henry, Blake & Uhlig, Kansas City, KS, with him on the brief), for intervenor.

Before ANDERSON, HENRY, and MURPHY, Circuit Judges.

STEPHEN H. ANDERSON, Circuit Judge.

Four B Corp. d/b/a/ Price Chopper ("Price Chopper"), an operator of retail grocery stores, petitions to set aside the decision and order of the National Labor Relations Board, which reversed the decision of the administrative law judge ("ALJ") and found that Price Chopper violated section 8(a)(1) of the National Labor Relations Act, 29 U.S.C. § 158(a)(1). The Board found that Price Chopper discriminated against the intervenor...

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