MOORESVILLE COTTON MILLS v. NATIONAL LABOR R. BOARD

No. 4207.

97 F.2d 959 (1938)

MOORESVILLE COTTON MILLS v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Fourth Circuit.

July 14, 1938.


Attorney(s) appearing for the Case

Fred D. Hamrick, of Rutherfordton, N. C., and Zeb V. Turlington, of Mooresville, N. C. (Fred D. Hamrick, Jr., of Rutherfordton, N. C., on the brief), for petitioner.

Thomas I. Emerson, Asst. Gen. Counsel, National Labor Relations Board, of Washington, D. C. (Charles Fahy, Gen. Counsel, Robert B. Watts, Associate Gen. Counsel, and Laurence A. Knapp and Mortimer Wolf, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for respondent.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.


SOPER, Circuit Judge.

After the opinion and the decree of the court had been filed in this case, 94 F.2d 61, we struck out the decree and granted a rehearing on the petition of the Labor Board. We had held that the business of the employer was subject to the provisions of the statute; and also, despite conflicting testimony, that there was sufficient evidence to support a finding of the Board...

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