N. L. R. B. v. RICHARDS

No. 12716.

265 F.2d 855 (1959)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Beth E. RICHARDS d/b/a Freightlines Equipment Company, Respondent.

United States Court of Appeals Third Circuit.

Decided April 7, 1959.


Attorney(s) appearing for the Case

Frederick U. Reel, Atty., N.L.R.B., Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Thomas J. McDermott, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., on the brief), for petitioner.

Leon H. Kline, Philadelphia, Pa. (Ellis Berger, Scranton, Pa., Berger, Stein & Kline, Philadelphia, Pa., on the brief), for respondent.

Before BIGGS, Chief Judge and GOODRICH and McLAUGHLIN, Circuit Judges.


McLAUGHLIN, Circuit Judge.

In 1951 because of financial difficulties Richards Motor Freight Lines, operated by John Richards in Scranton, Pennsylvania, entered Chapter XI proceedings under the Bankruptcy Act, 11 U.S.C.A. § 701 et seq. Most, if not all, of its rolling equipment was repossessed; the receiver, however, continued to operate by leasing equipment supplied with drivers. This method of doing business, necessitated dismissing all the truck drivers then...

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