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NATIONAL LAB. REL. BD. v. WINTER GARDEN CITRUS PROD. COOP.

No. 17157.

260 F.2d 913 (1958)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. WINTER GARDEN CITRUS PRODUCTS COOPERATIVE, Respondent.

United States Court of Appeals Fifth Circuit.

November 7, 1958.

Attorney(s) appearing for the Case

James A. Flynn, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Thomas J. McDermott, Associate Gen. Counsel, Jerome D. Fenton, Gen. Counsel, Frederick U. Reel, Morris A. Solomon, Attys., N. L. R. B., Washington, D. C., for petitioner.

E. Knotz Bennett, Waycross, Ga., Bennett, Pedrick & Bennett, Waycross, Ga., of counsel, for respondent.

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

HUTCHESON, Chief Judge.

Here pursuant to Sec. 10(e) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 160(e), seeking enforcement of its decision and order, reported in 116 N.L.R.B. 738, the board asserts and seeks to maintain that substantial evidence on the record as a whole supports its findings. These, as set out in its order and argued in its brief, are: (1) that respondent violated Sections 8 (a) (3) and (1) of the Act by discriminatory refusing...

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