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NATIONAL LABOR RELATIONS BD. v. WHITTENBERG CONST. CO.

No. 11543.

200 F.2d 157 (1952)

NATIONAL LABOR RELATIONS BOARD v. WHITTENBERG CONST. CO.

United States Court of Appeals, Sixth Circuit.

November 28, 1952.

Attorney(s) appearing for the Case

Edward D. Friedman, Washington, D. C. (George J. Bott, David P. Findling, A. Norman Somers, Frederick U. Reel and Thomas McDermott, Washington, D. C., on the brief), for petitioner.

Martin R. Glenn, Louisville, Ky. (Herman Cohen, Louisville, Ky., on brief), for respondent.

Before HICKS, ALLEN, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

The issue in this case is whether substantial evidence on the record, considered as a whole, sustains the finding of the National Labor Relations Board that respondent denied employment to a number of workmen because of the fact that they were not members of a certain union, in violation of Section 8(a) (1) and (3) of the National Labor Relations Act, 29 U.S.C.A. § 158(a) (1, 3).

Respondent, in June 1949, had entered into a...

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