Construing "actual damages" in the Bankruptcy Act as synonymous with nonspeculative, compensatory damages, and noting that "[t]he ways compensatory damages may be proven are many"
In National Labor Relations Board v. Remington Rand, 2 Cir., 94 F.2d 862, 869, the Board had ordered the employer to deal exclusively with a joint board which had brought the unfair labor practice charges involved in that case.
In N.L.R.B. v. Brown Root, Inc., 311 F.2d 447, 454 (C.A. 8), it is said that "in a back pay proceeding the burden is upon the General Counsel to show the gross amounts of back pay due.
Holding that NLRB acts in public capacity and “[t]he fact that these proceedings operate to confer an incidental benefit on private persons does not detract from this public purpose”
Permitting "non-deduction of supplemental earnings . . . where an employee who had spare-time earnings prior to discharge from his regular job continued in the same spare-time job during his period of discharge," and further holding that as long as employee was "moonlighting before his unlawful discharge," amounts earned in any "spare time employment" should not be used to reduce back-pay award
In N.L.R.B. v. Melrose Processing Co., 8 Cir., 351 F.2d 693, also decided since this case was submitted, this court stated that if the factual conclusion of the Board is based upon substantial evidence on the whole record, this court must accept such factual determination as binding. Jas. H. Matthews Co. v. N.L.R.B., 8 Cir., 354 F.2d 432, decided December 29, 1965, adheres to these principles.
In N.L.R.B. v. Ozark Hardwood Co., 282 F.2d 1 (8th Cir. 1960), the 8th Circuit also indicated that courts of appeals could make successorship determinations.