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NATIONAL LABOR REL. BD. v. INTERNATIONAL BROTHERHOOD

No. 5092.

227 F.2d 439 (1955)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, AFL, LOCAL 823, Respondent.

United States Court of Appeals Tenth Circuit.

November 12, 1955.

Attorney(s) appearing for the Case

Franklin C. Milliken, Washington, D. C. (Theophil C. Kammholz, Gen. Counsel, Chicago, Ill., David P. Findling, Associate General Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Elizabeth W. Weston, Washington, D. C., were with him on the brief), for petitioner.

Daniel J. Leary, Joplin, Mo., for respondent.

Before PHILLIPS, Chief Judge, HUXMAN, Circuit Judge, and SAVAGE, District Judge.

HUXMAN, Circuit Judge.

This is a petition by the National Labor Relations Board1 under Section 10 (e) of the National Labor Relations Act, 29 U.S.C.A. § 160(e), for enforcement of an order issued by it in its usual proceedings under the Act. From the evidence before it in the hearing, the Board found both the employer, Roadway Express, Inc.,2 and Teamster's Union, Local No. 823,3

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