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BORN v. LAUBE

No. 13304.

214 F.2d 349 (1954)

Ralph L. BORN, Appellant, v. R. J. LAUBE et al., Appellees.

United States Court of Appeals Ninth Circuit.

July 15, 1954.

Attorney(s) appearing for the Case

Bailey E. Bell, William H. Sanders, Anchorage, Alaska, for appellant.

James E. Swan, Peter J. Kalamarides, Anchorage, Alaska, Sam Bassett, Bassett, Geisness & Vance, Seattle, Wash., for appellee.

Norman W. Harris, Decatur, Ala., amicus curiæ.

Before HEALY, ORR, and LEMMON, Circuit Judges.

PER CURIAM.

The petition for rehearing is predicated largely upon the claim that our decision is in conflict with the intervening holding of the Supreme Court in United Construction Workers v. Laburnum Construction Corporation, 347 U.S. 656, 74 S.Ct. 833.

We have carefully considered the Laburnum decision and are of opinion that it is distinguishable inasmuch as the complaining party there, under the Labor Management Act, 29...

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