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NATIONAL LABOR RELATIONS BOARD v. ATLANTIC TOWING CO.

No. 12697.

180 F.2d 726 (1950)

NATIONAL LABOR RELATIONS BOARD v. ATLANTIC TOWING CO.

United States Court of Appeals Fifth Circuit.

Further Rehearing Granted April 10, 1950.

Attorney(s) appearing for the Case

Mozart G. Ratner, Prin. Atty., NLRB, Washington, D.C., David P. Findling, Assoc. Gen. Counsel, NLRB, Washington, D. C., A. Norman Somers, Asst. Gen. Counsel, NLRB, Washington, D. C., for petitioner.

T. M. Cunningham, Savannah, Georgia, for respondent.

Before HUTCHESON, Chief Judge, and HOLMES and McCORD, Circuit Judges.

PER CURIAM.

After reading the petition for rehearing and considering the record as a whole, we are convinced that our decision in this case was erroneous. Consequently, we are withdrawing the last two paragraphs in our opinion, which was rendered January 30, 1950, and inserting in place thereof the following two paragraphs:

"Upon the record as a whole, there was no substantial evidence to warrant the Board in finding that Hendrix did not deliberately lie in...

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