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NATIONAL LABOR R. BOARD v. YOUNGSTOWN MINES CORP.

No. 527.

123 F.2d 178 (1941)

NATIONAL LABOR RELATIONS BOARD v. YOUNGSTOWN MINES CORPORATION et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 4, 1941.

Attorney(s) appearing for the Case

Guy Farmer, Atty., National Labor Relations Board, of Arlington, Va., (Robert B. Watts, Gen. Counsel, Laurence A. Knapp, Associate Gen. Counsel, Ernest A. Gross, Asst. Gen. Counsel, Richard C. Barrett, Atty., and Margaret M. Farmer, Atty., National Labor Relations Board, all of Washington, D. C., on the brief), for petitioner.

Earl W. LeFever, of Cleveland, Ohio, and William K. Montague, of Duluth, Minn. (Luther Day and Thomas F. Veach, both of Cleveland, Ohio, Donald D. Harries, of Duluth, Minn., Jones, Day, Cockley & Reavis, of Cleveland, Ohio, and Gillette, Nye, Harries & Montague, of Duluth, Minn., on the brief), for respondents.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This case presents for consideration a petition of the National Labor Relations Board praying for a decree enforcing in whole the Board's order of July 31, 1940, directed to the respondents. The petition is resisted on two general grounds: (1) That the findings of fact upon which the order is predicated are not supported by substantial evidence and (2) that the order is broader in certain particulars than warranted by the issues.

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