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CONSUMERS POWER CO. v. NATIONAL LABOR RELATIONS BD.

No. 8180.

113 F.2d 38 (1940)

CONSUMERS POWER CO. v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Sixth Circuit.

June 27, 1940.

Attorney(s) appearing for the Case

Don T. McKone, of Jackson, Mich. (Don T. McKone, Maxwell F. Badgley, Bisbee, McKone, Badgley & Kendall, and Walter D. Kline, all of Jackson, Mich., on the brief), for petitioner.

Philip G. Phillips, of Cincinnati, Ohio (Charles Fahy, Robert B. Watts, Laurence A. Knapp, all of Washington, D. C., Philip G. Phillips, of Cincinnati, Ohio, and Bertram Edises, and David McCalmont, Jr., both of Washington, D. C., on the brief), for respondent.

Before SIMONS, ALLEN and ARANT, Circuit Judges.

SIMONS, Circuit Judge.

The initial question to be determined is the jurisdiction of the National Labor Relations Board over the petitioner under § 10 (a) of the National Labor Relations Act, 29 U.S.C.A. § 160(a), which empowers the Board to prevent any person from engaging in any unfair labor practice affecting commerce.

The petitioner is an operating utility, subsidiary of Commonwealth and Southern Corporation. It is organized under the laws of...

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