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NATIONAL LAB. REL. BD. v. INTERNATIONAL HOD C. B. & C. L. U.

Docket 22428.

228 F.2d 589 (1955)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL HOD CARRIERS', BUILDING & COMMON LABORERS' UNION OF AMERICA, LOCAL 210, AFL, Respondent.

United States Court of Appeals Second Circuit.

Decided December 22, 1955.

Attorney(s) appearing for the Case

Theophil C. Kammholz, David P. Findling, Winthrop A. Johns, Julius G. Serot and Walter N. Moldawer, Washington, D. C., for petitioner.

Anthony Manguso, Buffalo, N. Y., for respondent.

Before FRANK, MEDINA and HINCKS, Circuit Judges.

FRANK, Circuit Judge.

1. The findings of the Special Master are not to be set aside unless clearly erroneous. In N. L. R. B. v. Remington Rand, 2 Cir., 130 F.2d 919, 925, we held that Federal Rule of Civil Procedure, rule 53(e) (2), 28 U.S.C.A. — which provides that a Master's findings stand unless clearly erroneous — would be applicable, by analogy, to findings of a Master...

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