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NATIONAL LABOR REL. BD. v. BRASWELL MOTOR FREIGHT LINES

No. 14663.

220 F.2d 362 (1955)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BRASWELL MOTOR FREIGHT LINES, Respondent.

United States Court of Appeals, Fifth Circuit.

March 25, 1955.

Attorney(s) appearing for the Case

Winthrop A. Johns, Asst. Gen. Counsel, Julius G. Serot, Alvin Lieberman, Joseph I. Nachman, David P. Findling, Assoc. Gen. Counsel, NLRB, A. Norman Somers, Asst. Gen. Counsel, NLRB, Washington, D. C., James R. Webster, NLRB, Fort Worth, Tex., for petitioner, National Labor Relations Board.

Sam R. Sayers, Cecil A. Morgan, Joseph A. Jenkins, Rawlings, Sayers, Scurlock & Eidson, Fort Worth, Tex., for respondent Braswell Motor Freight Lines.

Mullinax & Wells, L. N. D. Wells, Jr., Dallas, Tex., for Teamster's Union, A. F. of L.

Before HUTCHESON, Chief Judge, and BORAH and RIVES, Circuit Judges.

PER CURIAM.

By their respective motions and their briefs in support thereof, Respondent and the Board bring to the attention of this court and to a head the existing controversy between them which has been going on since September 14, 1954, when the final decree in this cause was entered.

This controversy is over whether, as Respondent claims, the Board, by its refusal to hold a consent election, is in violation of the letter and spirit of the provisions in...

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