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NATIONAL LABOR RELATIONS BOARD v. McGAHEY

No. 15691.

233 F.2d 406 (1956)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. T. A. McGAHEY, Sr., T. A. McGahey, Jr., Mrs. Altie McGahey Jones and Mrs. Wilda Frances McGahey Harrison, doing business as Columbus Marble Works, a Partnership, Respondents.

United States Court of Appeals Fifth Circuit.

May 18, 1956.

Attorney(s) appearing for the Case

Rosanna A. Blake, Atty., N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, Theophil C. Kammholz, Gen. Counsel, David P. Findling, Associate Gen. Counsel, Norton J. Come, Atty., N. L. R. B., Washington, D. C., for petitioner.

W. J. Threadgill, Columbus, Miss., W. Gordon McKelvey, Nashville, Tenn., John H. Holloman, Columbus, Miss., for respondents.

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

BROWN, Circuit Judge.

This Petition to enforce the order of the Board against Columbus Marble Works presents the usual contention, controversy, disagreement and dispute. It begins with the Employer1 challenging the basic legality of the Board's order2 because the Charge, upon which the complaint had to rest, was not served upon each of the members of the Employer-partnership...

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