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

No. 12070.

126 F.2d 680 (1942)

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

Circuit Court of Appeals, Eighth Circuit.

March 12, 1942.

Attorney(s) appearing for the Case

W. C. Fraser, of Omaha, Neb., (W. M. McFarland, of Chicago, Ill., and R. Worth Vaughan, of New York City, on the brief), for petitioner.

Roman Beck, Senior Atty., of Washington, D. C., National Labor Relations Board (Robert B. Watts, Gen. Counsel, National Labor Relations Board, Laurence A. Knapp, Associate Gen. Counsel, Ernest A. Gross, Asst. Gen. Counsel, David Findling and Dominick L. Manoli, Attys., all of Washington, D. C., on the brief), for respondent.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

Upon complaint filed against petitioner alleging that it had engaged in and was engaging in unfair labor practices affecting commerce within the meaning of Section 8 (1), (2) and (3) of the National Labor Relations Act, 29 U.S.C.A. § 158 (1-3), the National Labor Relations Board, after hearing, issued an order requiring respondent to cease and desist from (a) discouraging membership in Omaha Smeltermens Union No. 461, International Union...

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