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N. L. R. B. v. MALCOLM KONNER CHEVROLET, INC.

No. 14804.

338 F.2d 972 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MALCOLM KONNER CHEVROLET, INC., Konner Chevrolet, Inc. and Amalgamated Local Union 355, Respondents.

United States Court of Appeals Third Circuit.

Decided December 4, 1964.

Attorney(s) appearing for the Case

Robert G. Sewell, National Labor Relations Board, Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, Atty., National Labor Relations Board, on the brief), for petitioner.

Alexander Eltman, Garden City, N. Y. (Joseph T. King, New York City, on the brief), for respondent.

Before McLAUGHLIN, KALODNER and HASTIE, Circuit Judges.

McLAUGHLIN, Circuit Judge.

In May 1962 Malcolm Konner and his wife were the sole stockholders of a family corporation, Malcolm Konner Chevrolet, Inc., which operated a Chevrolet agency in Caldwell, New Jersey. Konner was president and general manager. The employees consisted of approximately nineteen shop and service people and salesmen. There is no contradiction of the testimony of Charles W. McMickle, employed by the concern...

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