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DON LEE DISTRIBUTOR, INC. (WARREN) v. N.L.R.B.

Nos. 96-6704, 97-5140.

145 F.3d 834 (1998)

DON LEE DISTRIBUTOR, INC. (Warren); Don Lee Distributor, Inc. (Dearborn); Powers Distributing Company, Inc.; Eastown Distributors, Co.; Hubert Distributors, Inc.; and Oak Distributing Co., Petitioners/ Cross-Respondents, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner, International Brotherhood of Teamsters, Local 1038, Intervenor.

United States Court of Appeals, Sixth Circuit.

Decided June 2, 1998.

Rehearing and Suggestion for Rehearing Denied July 10, 1998.

Attorney(s) appearing for the Case

Rosemary M. Collyer (argued and briefed), Crowell & Moring, Washington, DC, Patrick W. Jordan (briefed), Bradford K. Newman, Jeffer, Mangels, Butler & Marmaro, San Francisco, CA, for Petitioners/Cross-Respondents.

Sharon I. Block (argued and briefed), National Labor Relations Board, Office of the General Counsel, Washington, DC, Aileen A. Armstrong (briefed), Linda Dreeben (briefed), John Burgoyne, National Labor Relations Board, Appellate Court Branch, Washington, DC, for Respondent/Cross-Petitioner.

Samuel C. McKnight (argued and briefed), Lisa M. Smith (briefed), Klimist, McKnight, Sale, McClow & Canzano, Southfield, MI, for Intervenor.

Before: BOGGS, NORRIS, and MOORE, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied July 10, 1998.

OPINION

BOGGS, Circuit Judge.

This case comes to us on the petition of six Detroit-area beer distributors (collectively, "Distributors") to review an order of the National Labor Relations Board ("NLRB") finding that the Distributors committed unfair labor practices in violation of Sections 8(a)(1) and 8(a)(5) of the National Labor Relations Act ("NLRA"), and on the NLRB's cross...

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