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NATIONAL LABOR RELATIONS BOARD v. BROWN & ROOT, INC.

No. 14680.

206 F.2d 73 (1953)

NATIONAL LABOR RELATIONS BOARD v. BROWN & ROOT, Inc., et al.

United States Court of Appeals Eighth Circuit.

July 8, 1953.

Attorney(s) appearing for the Case

Harvey B. Diamond, Atty., National Labor Relations Board, Washington, D. C. (George J. Bott, Gen. Counsel, David P. Findling, Associate Gen. Counsel, A. Norman Somers, Asst. Gen. Counsel, and Owsley Vose, Atty., National Labor Relations Board, Washington, D. C., on the brief) for petitioner.

Ben H. Powell, Jr., Austin, Tex. (William A. Brown and Powell, Wirtz & Rauhut, Austin, Tex., on the brief) for respondent Ozark Dam Constructors.

Ben H. Powell, Jr., Austin, Tex. (W. Morgan Hunter, William A. Brown and Powell, Wirtz & Rauhut, Austin, Tex., on the brief), for respondent Flippin Materials Co.

Woll, Glenn & Thatcher, Herbert S. Thatcher, J. Albert Woll, James A. Glenn and Joseph E. Finley, Washington, D. C., amicus curiae for American Federation of Labor, Building & Construction Trades Department, A. F. L., and Fort Smith, Little Rock and Springfield Joint Council, A. F. L.

Before SANBORN, JOHNSEN, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

In a petition for rehearing the National Labor Relations Board has asked that this Court remand so much of this case as will enable the Board to investigate and determine whether employees of Flippin Materials Co. were unlawfully discriminated against because of their participation in the strike against Ozark Dam Constructors.

In its petition the Board says:

"* * * The Board made no finding with regard to whether there were...

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