Docket Nos. 97-4117, 97-4171.

140 F.3d 216 (1998)

A & P BRUSH MFG. CORP. and its Alter Ego A & P Diversified Technologies, Inc., Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner.

United States Court of Appeals, Second Circuit.

Decided April 6, 1998.

Attorney(s) appearing for the Case

Leon Segen, New York City, for Petitioner/Cross-Respondent.

Leslie Randolph, Attorney, National Labor Relations Board, Washington, DC (Peter Winkler, Supervisory Attorney, Frederick L. Feinstein, General Counsel, Linda Sher, Associate General Counsel, Aileen A. Armstrong, Deputy Associate General Counsel, National Labor Relations Board, Washington, DC, of Counsel), for Respondent/Cross-Petitioner.

Before: FEINBERG, KEARSE and JACOBS, Circuit Judges.

FEINBERG, Circuit Judge:

A & P Diversified Technologies, Inc. ("Diversified") petitions for review of a March 1997 order of the National Labor Relations Board (the "Board"), 323 NLRB No. 44, 1997 WL 148696 (1997), modifying and affirming a decision and order issued by Administrative Law Judge Steven Davis. The Board found Diversified to be the alter ego of A & P Brush Manufacturing Corp. ("Brush") and, therefore, in violation of Sections 8(a)(5) and 8(a)(1...

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