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ELLIOTT v. EL PASO ELECTRIC CO.

No. 8226.

88 F.2d 505 (1937)

ELLIOTT et al. v. EL PASO ELECTRIC CO. et al.

Circuit Court of Appeals, Fifth Circuit.

March 18, 1937.

Attorney(s) appearing for the Case

Charles Fahy, Gen. Counsel, National Labor Relations Board, Robert B. Watts, Associate Gen. Counsel, National Labor Relations Board, and A. Norman Somers, Atty., National Labor Relations Board, all of Washington, D. C., for appellants.

Volney M. Brown, J. C. Brooke, and U. S. Goen, all of El Paso, Tex., and Dillon Anderson and C. R. Wharton, both of Houston, Tex., for appellees.

Before FOSTER, SIBLEY, and HOLMES, Circuit Judges.

HOLMES, Circuit Judge.

The El Paso Electric Company, a public utility corporation, furnishes light and power and operates a transportation system in the city of El Paso, Tex. Four miles therefrom, its principal power plant is located in New Mexico on the Rio Grande river. About 4 per cent. of the energy generated at this station is used in New Mexico. Less than 1 per cent. is sold to a Mexican company at the International boundary, and the remainder is transmitted...

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