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WILSON & CO. v. GATES

No. 10741.

90 F.2d 247 (1937)

WILSON & CO., Inc., v. GATES et al.

Circuit Court of Appeals, Eighth Circuit.

May 5, 1937.

Attorney(s) appearing for the Case

James D. Cooney, of Chicago, Ill. (John F. D. Meighen, of Albert Lea, Minn., and Marshal Wiedel, of Chicago, Ill., on the brief), for appellant.

Robert B. Watts, Associate Gen. Counsel, National Labor Relations Board, of Washington, D. C. (Charles Fahy, Gen. Counsel, National Labor Relations Board, and John J. Babe, Laurence A. Knapp, and Philip G. Phillips, all of Washington, D. C., Attys., National Labor Relations Board, on the brief), for appellees.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

PER CURIAM.

This is an action to enjoin a hearing before a Regional Director of the National Labor Relations Board and for a declaratory judgment declaring the National Labor Relations Act (49 Stat. 449 [29 U.S.C.A. §§ 151-166]) to be invalid. The matter was presented on the petition, supporting affidavits, and a motion to dismiss the petition. From a decree dismissing the petition, this appeal is brought.

Aside from allegations directed to the existence...

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