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NATIONAL LABOR REL. BD. v. TURNER CONSTRUCTION CO.

No. 12504.

227 F.2d 498 (1955)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TURNER CONSTRUCTION COMPANY and International Union of Operating Engineers, Local 917, AFL, Respondents.

United States Court of Appeals Sixth Circuit.

December 10, 1955.

Attorney(s) appearing for the Case

Franklin C. Milliken, Washington, D. C. (Theophil C. Kammholz, Chicago, Ill., David P. Findling, Marcel Mallet-Prevost and Owsley Vose, Washington, D. C., on the brief), for petitioner.

Jere T. Tipton and Herbert G. B. King, Chattanooga, Tenn. (John L. Lenihan, Miller, Martin, Hitching & Tipton, Chattanooga, Tenn., on the brief), for respondent.

Before SIMONS, Chief Judge, and ALLEN and STEWART, Circuit Judges.

SIMONS, Chief Judge.

On a petition of the Labor Board for the enforcement of an order based upon a charge of discrimination by Turner in its failure to hire one Carl M. Fisher and the causing of such discrimination by the Union, each of the respondents assails the order and seeks an adjudication setting it aside. The Trial Examiner, who heard the evidence in support of a consolidated complaint, recommended that it be dismissed but the Board, though adopting his findings...

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