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OPTICAL WORKERS' UNION LOCAL v. N. L. R. B.

No. 15460.

229 F.2d 170 (1956)

OPTICAL WORKERS' UNION LOCAL 24859 et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

January 19, 1956.

Attorney(s) appearing for the Case

L. N. D. Wells, Jr., Dallas, Tex., Quentin Keith, Beaumont, Tex., for petitioners.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Arnold Ordman, Atty., N. L. R. B., Washington, D. C., for respondents.

Before HUTCHESON, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

PER CURIAM.

On motion for rehearing petitioners contend that we have misconstrued their position in important respects. The opinion states that the petitioners urge that the Trial Examiner's finding that the employer was engaged in commerce within the meaning of the Act bound the Board as the law of the case. The petitioners point out that they rely instead on the Board's own finding to that effect made a year earlier in ordering an election among the employees of...

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