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UTICA OBSERVER-DISPATCH v. NATIONAL LABOR REL. BD.

No. 127, Docket 23644.

229 F.2d 575 (1956)

UTICA OBSERVER-DISPATCH, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided January 31, 1956.

Attorney(s) appearing for the Case

Arthur L. Stern, Rochester, N. Y. (Nixon, Hargrave, Devans & Dey, Rochester, N. Y., on the brief), for petitioner.

Franklin C. Milliken, Atty., National Labor Relations Board, Washington, D. C. (Theophil C. Kammholz, Gen. Counsel, David P. Findling, Associate Gen. Counsel, Marcel Mallet-Prevost, Assistant Gen. Counsel and Frederick U. Reel, Atty., National Labor Relations Board, Washington, D. C., on the brief), for respondent.

Before SWAN, FRANK and LUMBARD, Circuit Judges.

LUMBARD, Circuit Judge.

The Utica Observer-Dispatch, Inc. petitions pursuant to § 10 of the National Labor Relations Act, 29 U.S.C.A. § 160, to review and set aside an order of the National Labor Relations Board that it cease and desist from refusing to bargain collectively with Local 129, Utica Newspaper Guild, affiliated with the American Newspaper Guild, C. I. O., as exclusive representative of 58 of its employees and that it furnish payroll data

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