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NATIONAL LABOR RELATIONS BOARD v. MID-CO GASOLINE CO.

No. 12522.

172 F.2d 974 (1949)

NATIONAL LABOR RELATIONS BOARD v. MID-CO GASOLINE CO.

United States Court of Appeals Fifth Circuit.

February 16, 1949.

Attorney(s) appearing for the Case

A. Norman Somers, Asst. Gen. Counsel, National Labor Relations Board, and David P. Findling, Associate Gen. Counsel, National Labor Relations Board, both of Washington, D. C., and Elmer Davis, Chief Law Officer, National Labor Relations Board, of Fort Worth, Tex., for petitioner.

John M. Scott, of Fort Worth, Tex., for respondent.

Before HUTCHESON, WALLER and LEE, Circuit Judges.

WALLER, Circuit Judge.

It is conceded that the respondent has failed to bargain collectively with the Union. The only question involved in this case is whether or not the respondent, Mid-Co Gasoline Company, in the sale of its residue gas was engaged in interstate commerce, or in a business that has such a substantial economic effect on interstate commerce, or affects interstate commerce "in such a close and intimate" fashion, as to bring the respondent under the...

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