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LEEDOM v. KYNE

No. 14.

358 U.S. 184 (1958)

LEEDOM ET AL., MEMBERS OF THE NATIONAL LABOR RELATIONS BOARD, v. KYNE.

Supreme Court of United States.

Decided December 15, 1958.

Attorney(s) appearing for the Case

Norton J. Come argued the cause for petitioners. With him on the brief were Solicitor General Rankin, Jerome D. Fenton, Thomas J. McDermott and Dominick Manoli.

Jonas Silver argued the cause for respondent, pro hac vice, by special leave of Court. With him on the brief was Bernard Dunau.

Briefs of amici curiae urging affirmance were filed by Milton F. Lunch for the National Society of Professional Engineers, and Gerard D. Reilly and Joseph C. Wells for the Engineers Joint Council.

MR. JUSTICE WHITTAKER delivered the opinion of the Court.

Section 9 (b) (1) of the National Labor Relations Act, 49 Stat. 453, 61 Stat. 143, 29 U. S. C. § 159 (b) (1), provides that, in determining the unit appropriate for collective bargaining purposes, "the Board shall not (1) decide that any unit is appropriate for such purposes if such unit includes both professional employees and employees who are not professional...

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