INTERNATIONAL UNION OF MINE, M. & S. WKRS. v. FARMER

Nos. 12171, 12226.

218 F.2d 42 (1954)

INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS v. FARMER et al. PRECISION SCIENTIFIC CO. v. INTERNATIONAL UNION OF MINE, MILL AND SMELTER WORKERS et al.

United States Court of Appeals District of Columbia Circuit.

Decided August 5, 1954.


Attorney(s) appearing for the Case

Mr. Nathan Witt, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Mr. Joseph Forer, Washington, D. C., was on the brief, for appellant in No. 12171 and appellee International Union of Mine, Mill and Smelter Workers in No. 12226.

Mr. Barnabas F. Sears, Chicago, Ill., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Mr. James M. Barnes, Washington, D. C., was on the brief, for appellant in No. 12226. Mr. Eugene Carusi, Washington, D. C., entered an appearance for appellant in No. 12226.

Mr. Norton J. Come, Attorney, National Labor Relations Board, Washington, D. C., of the bar of the Supreme Court of Illinois, pro hac vice, by special leave of Court, with whom Mr. A. Norman Somers, Assistant General Counsel, National Labor Relations Board, Washington, D. C., was on the brief, for appellees in No. 12171 and appellees Guy Farmer, et al., as Members of and Constituting the National Labor Relations Board, in No. 12226. Mr. James F. Foley, Attorney, National Labor Relations Board, Washington, D. C., entered an appearance for appellees in No. 12171 and appellees Guy Farmer, et al., as Members of and Constituting the National Labor Relations Board, in No. 12226.

Before WILBUR K. MILLER, PRETTYMAN, and DANAHER, Circuit Judges.


PER CURIAM.

These two appeals arose out of a civil action filed in the United States District Court for the District of Columbia by the appellant Union against the members of the National Labor Relations Board. The Union sought a declaratory judgment that the Board had no authority to conduct an investigation which it had ordered, and also sought an injunction to restrain the investigation. Precision Scientific Company, whose employees are involved in the controversy...

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