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NATIONAL LABOR REL. BD. v. TALLADEGA COTTON FACTORY

No. 14829.

213 F.2d 209 (1954)

NATIONAL LABOR RELATIONS BOARD v. TALLADEGA COTTON FACTORY, Inc.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied June 10, 1954.

Attorney(s) appearing for the Case

A. Norman Somers, Asst. Gen. Counsel, N. L. R. B., David P. Findling, Frederick U. Reel, Assoc. Gen. Counsels, George J. Bott, Gen. Counsel, Franklin C. Milliken, N.L.R.B., Washington, D. C., for petitioner.

Frank A. Constangy, Atlanta, Ga., for respondent.

Before STRUM and RIVES, Circuit Judges, and DAWKINS, District Judge.

RIVES, Circuit Judge.

The petition for review presents the novel question of whether the Board may lawfully order reinstatement and back pay to supervisors discharged for failing at their employer's behest to thwart a Union's organizational efforts within a plant,1 even though supervisors are expressly excluded from the definition of "employee" under the amended Act, because of the claimed restraint and coercive effect resulting from their...

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