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NATIONAL LABOR RELATIONS BOARD v. FAINBLATT

No. 6490.

98 F.2d 615 (1938)

NATIONAL LABOR RELATIONS BOARD v. FAINBLATT et al.

Circuit Court of Appeals, Third Circuit.

Rehearing Denied September 8, 1938.

Attorney(s) appearing for the Case

Malcolm F. Halliday, Charles Fahy, General Counsel, Robert B. Watts, Associate General Counsel, Mortimer B. Wolf, and Ruth Weyand, all of Washington, D. C., for petitioner.

Leon Gerofsky and Joseph Halpern, both of Somerville, N. J., for respondents.

Before BUFFINGTON and BIGGS, Circuit Judges, and DICKINSON, District Judge.

BUFFINGTON, Circuit Judge.

In this case — a petition by the National Labor Relations Board to enforce an order to cease and desist — the initial and decisive question involved is whether under the proofs in the case the respondents are engaged in interstate commerce.

In that regard the Intermediate Report (Record, page 461) states: "The business of respondents is clearly of an interstate nature." If this statement is correct, the order should...

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