NATIONAL LABOR RELATIONS BOARD v. ATHENS MFG. CO.

No. 11852.

163 F.2d 255 (1947)

NATIONAL LABOR RELATIONS BOARD v. ATHENS MFG. CO.

Circuit Court of Appeals, Fifth Circuit.

June 27, 1947.


Attorney(s) appearing for the Case

Gerhard P. Van Arkel, General Counsel, and A. Norman Somers, Asst. Gen. Counsel, both of Washington, D. C., and Paul E. Kuelthau, Regional Atty., of Atlanta, Ga., for petitioner.

Murphey Candler, Jr., of Decatur, Ga., and Abit Nix, of Athens, Ga., for respondent.

Before HUTCHESON, McCORD, and WALLER, Circuit Judges.


PER CURIAM.

The motion is denied. In Waterman S. S. Corporation v. N.L.R.B., 5 Cir., 119 F.2d 760, 762, we said: "But since the Board is entitled to demand performance and is not bound by any settlement with the employee, we think it ought on request to co-operate with the employer in framing a proper tender, and we should be slow to punish as contemptuous unassisted tenders which are not in all respects correct but made in good faith...

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