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S & W CAFETERIA OF TENNESSEE v. AIRD

No. 658.

60 F.Supp. 599 (1945)

S & W CAFETERIA OF TENNESSEE v. AIRD et al.

District Court, E. D. Tennessee, N. D.

May 1, 1945.

Attorney(s) appearing for the Case

Egerton, McAfee & Hauk, of Knoxville, Tenn., for complainant.

James M. Meek, Asst. U. S. Atty., of Knoxville, Tenn., and Clarence W. Bralley, Asst. U. S. Atty., of Johnson City, Tenn. (Francis M. Shea, Asst. Atty. Gen., J. B. Frazier, Jr., U. S. Atty., of Chattanooga, Tenn., and Clarence W. Bralley, Asst. U. S. Atty., of Johnson City, Tenn., on the brief; Arnold Levy, Sp. Asst. to the Atty. Gen., and Harry I. Rand, Atty., Department of Justice, of Washington, D. C., of counsel), for National War Labor Board.

TAYLOR, District Judge.

The complaint in this case should not be dismissed upon motion of defendants upon any of the grounds stated in the motion, unless the business of the complainant comes under the jurisdiction of the National War Labor Board.

This Board has no jurisdiction and no power exists to require a witness to testify or produce records unless the business of the complainant is an essential war industry, or one within the letter of the Act, 50 U...

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