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N. L. R. B. v. JOHNSON SHEET METAL, INC.

No. 408-70.

442 F.2d 1056 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. JOHNSON SHEET METAL, INC., Respondent.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 17, 1971.

Attorney(s) appearing for the Case

Elliott Moore, Washington, D. C., Atty. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and John M. Flynn, Atty., on the brief), for petitioner.

William G. Haynes, Topeka, Kan. (Eidson, Lewis, Porter & Haynes, Topeka, Kan., on the brief), for respondent.

Before CLARK, Associate Justice, LEWIS, Chief Judge, and ADAMS, Circuit Judge.

ADAMS, Circuit Judge.

The National Labor Relations Board ("Board") seeks enforcement of its order finding that Johnson Sheet Metal, Inc. ("Johnson") has engaged in unfair practices within the meaning of § 8(a) (5) and (1) of the National Labor Relations Act, 29 U.S.C. § 151 et seq. (the Act). Two questions are raised by the Board's petition. The first is whether substantial evidence on the whole record supports the Board's finding that Johnson agreed...

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