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NATIONAL LABOR RELATIONS BOARD v. STANDARD L. & S. CO.

No. 5350.

149 F.2d 435 (1945)

NATIONAL LABOR RELATIONS BOARD v. STANDARD LIME & STONE CO.

Circuit Court of Appeals, Fourth Circuit.

May 11, 1945.

Attorney(s) appearing for the Case

Guy Farmer, Associate Gen. Counsel, National Labor Relations Board, of Washington, D. C. (Alvin J. Rockwell, Gen. Counsel, Malcolm F. Halliday, Associate Gen. Counsel, Marcel Mallet-Prevost and Margaret M. Farmer, Attys., National Labor Relations Board, all of Washington, D. C., on the brief), for petitioner.

Lacy I. Rice, of Martinsburg, W. Va., and Harry N. Baetjer, of Baltimore, Md. (Venable, Baetjer & Howard, of Baltimore, Md., and Rice & Hannis, of Martinsburg, W. Va., on the brief), for respondent.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is a petition to enforce an order of the National Labor Relations Board directing the Standard Lime and Stone Company to bargain collectively with an A. F. of L. union as the bargaining representative of its employees. The company resists enforcement on the ground that the union has not been chosen as bargaining representative because (1) a majority of eligible employees did not participate in the election at which the union was chosen...

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