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NATIONAL LABOR RELATIONS BD. v. LAMAR CREAMERY CO.

No. 16361.

246 F.2d 8 (1957)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LAMAR CREAMERY COMPANY, Respondent.

United States Court of Appeals Fifth Circuit.

June 21, 1957.

Attorney(s) appearing for the Case

Kenneth C. McGuiness, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Owsley Vose, Edward D. Friedman, Attys., N. L. R. B., Stephen Leonard, Asso. Gen. Counsel, Washington, D. C., for petitioner.

J. F. McLaughlin and O. B. Fisher of Fisher, McLaughlin & Harrison, Paris, Tex., for respondent.

Before RIVES, JONES and BROWN, Circuit Judges.

RIVES, Circuit Judge.

This petition is for enforcement of an order of the National Labor Relations Board reported in 115 N.L.R.B. 1113.1 The Board found that, in denying employment to Elmer Clyde Owen, respondent violated Section 8(a) (1), (3), and (4) of the Act.2 It found that the controlling motivations for respondent's action were that it believed that Owen had been an active union member, and that he had...

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