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NATIONAL LABOR RELATIONS BD. v. WEST KENTUCKY C. CO.

No. 8334.

116 F.2d 816 (1940)

NATIONAL LABOR RELATIONS BOARD v. WEST KENTUCKY COAL CO.

Circuit Court of Appeals, Sixth Circuit.

November 15, 1940.

Attorney(s) appearing for the Case

Philip G. Phillips, of Cincinnati, Ohio (Charles Fahy, Robert B. Watts, Laurence A. Knapp, Richard C. Barrett, and A. Norman Somers, all of Washington, D.C., on the brief), for petitioner.

Maurice K. Gordon and Gordon & Gordon & Moore, all of Madisonville, Ky., and James G. Wheeler, of Paducah, Ky., (Maurice K. Gordon, James G. Wheeler, Neville Moore, Earle M. Nichols, and Abner Johnston, Jr., all of Madisonville, Ky., on the brief), for respondent.

Chas. G. Franklin, of Madisonville, Ky. for intervenor.

Before SIMONS, ALLEN and ARANT, Circuit Judges.

ARANT, Circuit Judge.

Charges of unfair labor practices were filed with the National Labor Relations Board against respondent by the United Mine Workers of America, District No. 23, in the summer of 1937. On December 2, the Board issued its complaint and served notice of hearing upon the Union and respondent. The Employes' Mutual Benefit Association was permitted to intervene. After hearing, the Board issued an order, which it now petitions this Court to enforce....

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