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ALLIS-CHALMERS MFG. CO. v. NATIONAL LABOR RELATIONS BD.

No. 9211.

162 F.2d 435 (1947)

ALLIS-CHALMERS MFG. CO. v. NATIONAL LABOR RELATIONS BOARD.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied June 24, 1947.

Attorney(s) appearing for the Case

Charles B. Quarles, Wm. J. McGowan and John L. Waddleton, all of Milwaukee, Wis., and Philip X. Ley, of Pittsburgh, Pa. (McCloskey, Best & Leslie, of Pittsburgh, of counsel), for petitioner.

A. Norman Somers, Asst. Gen. Counsel, Gerhard P. Van Arkel, Ruth Weyand, Morris P. Glushien, Associate Gen. Counsel, and Henry W. Lehmann, all of Washington, D. C., for respondent.

Before KERNER and MINTON, Circuit judges, and LINDLEY, District Judge.

KERNER, Circuit Judge.

This petition, in proceedings under § 10 of the National Labor Relations Act, 29 U.S.C.A. § 151 et seq., seeks the review of an order of the Board, predicated on findings of unfair labor practices committed in violation of § 8(1), (3), and (5) of the Act. The Board in its answer to the petition requests enforcement of its order.

The primary questions presented are (1) whether the inspectors were "employees" within the...

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