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NATIONAL LABOR REL. BOARD v. NEW YORK MERCHANDISE CO.

134 F.2d 949 (1943)

NATIONAL LABOR RELATIONS BOARD v. NEW YORK MERCHANDISE CO., Inc.

Circuit Court of Appeals, Second Circuit.

March 15, 1943.

Attorney(s) appearing for the Case

Scandrett, Tuttle & Chalaire and Emanuel Turberg, all of New York City (Bernard Phillips, of New York City, of counsel), for the motion.

Ernest A. Gross, of Washington, D. C., opposed.

Before L. HAND, CHASE, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The respondent moves to refer back to the Labor Board a proceeding which is before us on the Board's motion to enforce one of its orders of the usual form. The order, entered on June 19, 1942, found the respondent guilty of unlawful discrimination in discharging two of its employees whose reinstatement with back pay the Board directed as affirmative relief. Since the order was entered one of the two has been taken into the military service...

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