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AMERICAN SMELTING & R. CO. v. NATIONAL LABOR R. BOARD

No. 10139.

128 F.2d 345 (1942)

AMERICAN SMELTING & REFINING CO. v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied June 30, 1942.

Attorney(s) appearing for the Case

James M. Goggin, of El Paso, Tex., and R. Worth Vaughan, of New York City, for petitioner.

Robert B. Watts, Gen. Counsel, N.L.R.B., Ernest A. Gross, Associate Gen. Counsel, N.L.R.B., and Archibald Cox, Atty., Dept. of Justice, all of Washington, D. C., for respondent.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is a petition for review of an order of the National Labor Relations Board based upon findings that the petitioner was guilty of unfair labor practices in violation of Sec. 8(1) and (3) of the National Labor Relations Act.1 Petitioner contends that the findings of fact relied upon by the Board are wholly without support in the evidence; and the Board asserts that its order is lawful and proper, and asks enforcement...

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