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NATIONAL LABOR RELATIONS BOARD v. TODD CO.

No. 24, Docket 20990.

173 F.2d 705 (1949)

NATIONAL LABOR RELATIONS BOARD v. TODD CO., Inc.

United States Court of Appeals Second Circuit.

March 30, 1949.

Attorney(s) appearing for the Case

David P. Findling, of Washington, D. C. (Ruth Weyand, Marcel Mallet-Prevost, Thomas B. Sweeney, and A. Norman Somers, all of Washington, D. C., of counsel), for petitioner.

Harris, Beach, Keating, Wilcox & Dale, of Rochester, N. Y., for respondent.

Before L. HAND, Chief Judge, and SWAN and FRANK, Circuit Judges.

FRANK, Circuit Judge.

We discern no impropriety in the Board's procedure in transferring the case to itself without receiving an Intermediate Report from the first Trial Examiner.1 Moreover, at the subsequent hearing before the second Examiner, the Todd Company had full opportunity to have him see and hear all the witnesses who had previously testified, and he issued an Intermediate Report.

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