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EAGLE-PICHER MIN. & SMELT. CO. v. NATIONAL LAB. REL. BOARD

No. 460, Original.

141 F.2d 843 (1944)

EAGLE-PICHER MINING & SMELTING CO. et al. v. NATIONAL LABOR RELATIONS BOARD (INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS, LOCAL NO. 15, et al., Intervener).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied May 17, 1944.

Attorney(s) appearing for the Case

John G. Madden, of Kansas City, Mo. (A. C. Wallace, of Miami, Okl., H. W. Blair, of Washington, D.C., and James E. Burke and Madden, Freeman, Madden & Burke, all of Kansas City, Mo., on the brief), for petitioners.

A. Norman Somers, Atty., National Labor Relations Board, of Washington, D. C. (Robert B. Watts, Gen. Counsel, Ernest A. Gross, Associate Gen. Counsel, Howard Lichtenstein, Asst. Gen. Counsel, and William J. Avrutis, Atty., National Labor Relations Board, all of Washington, D. C., on the brief), for respondent.

Louis N. Wolf, of Joplin, Mo. (Sylvan Bruner, of Pittsburg, Kan., on the brief), for intervener.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.

WOODROUGH, Circuit Judge.

The National Labor Relations Board filed a petition in the nature of a bill of review to set aside, for fraud, mistake and newly discovered evidence, paragraphs 2(d) and 3(b) of the final decree of this Court in this case dated and entered June 27, 1941, and to remand the subject matter of those paragraphs to the Board for further proceedings. The Eagle-Picher Mining and Smelting Company and Eagle-Picher Lead Company have filed their answer...

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