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NATIONAL LABOR R. BOARD v. WM. TEHEL BOTTLING CO.

No. 12178.

129 F.2d 250 (1942)

NATIONAL LABOR RELATIONS BOARD v. WM. TEHEL BOTTLING CO.

Circuit Court of Appeals, Eighth Circuit.

July 2, 1942.

Attorney(s) appearing for the Case

N. Barr Miller, Atty., National Labor Relations Board, of Washington, D. C. (Robert B. Watts, Gen. Counsel, Ernest A. Gross, Associate Gen. Counsel, Gerhard P. Van Arkel, Asst. Gen. Counsel, and Louis Libbin and Robert F. Proctor, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for petitioner.

Whitney Gillilland, of Waterloo, Iowa (G. P. Linville, of Cedar Rapids, Iowa, and B. F. Swisher and Swisher, Cohrt & Gillilland, all of Waterloo, Iowa, on the brief), for respondent.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

GARDNER, Circuit Judge.

This case is before us on a petition of the National Labor Relations Board seeking enforcement of its order entered in a proceeding brought before it against the respondent wherein it was alleged that respondent had engaged in and was engaging in certain unfair labor practices. It was charged (1) that respondent had violated Section 8(5) of the National Labor Relations Act, 29 U.S.C.A. § 158(5), by refusing to bargain collectively with...

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