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GOLDEN STATE BOTTLING CO. v. NLRB

No. 72-702.

414 U.S. 168 (1973)

94 S.Ct. 414

38 L.Ed.2d 388

GOLDEN STATE BOTTLING CO., INC., FORMERLY PEPSI-COLA BOTTLING CO. OF SACRAMENTO, ET AL. v. NATIONAL LABOR RELATIONS BOARD.

Supreme Court of United States.

Decided December 5, 1973.

Attorney(s) appearing for the Case

Morton B. Jackson argued the cause for petitioners. With him on the briefs was Gilford G. Rowland.

Norton J. Come argued the cause for respondent. With him on the brief were Solicitor General Bork, Allan A. Tuttle, Peter G. Nash, John S. Irving, Patrick Hardin, and William H. DuRoss III.

MR. JUSTICE BRENNAN delivered the opinion of the Court.

The principal question for decision in this case is whether the bona fide purchaser of a business, who acquires and continues the business with knowledge that his predecessor has committed an unfair labor practice in the discharge of an employee, may be ordered by the National Labor Relations Board to reinstate the employee with backpay.

Petitioners are Golden State Bottling Co., Inc. (Golden State),...

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