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SCOBELL CHEMICAL COMPANY v. N. L. R. B.

No. 324, Docket 25374.

267 F.2d 922 (1959)

SCOBELL CHEMICAL COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided June 18, 1959.

Attorney(s) appearing for the Case

Richard L. Epstein, Rochester, N. Y. (Harris, Beach, Keating, Wilcox, Dale and Linowitz, Rochester, N. Y., on the brief), for petitioner.

Nier, Doyle & Nier, Rochester, N. Y., for Scobell Chemical Co., Inc.

William G. McGee, Thomas H. Ramsey, Buffalo, N. Y., for General Counsel, National Labor Relations Board.

Scully, O'Brien & McDermott, Rochester, N. Y., for Local Union No. 118.

Christopher J. Hoey, Attorney, National Labor Relations Board, Washington, D. C. (Jerome D. Fenton, General Counsel, Thomas J. McDermott, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Frederick U. Reel, Attorney, all of the National Labor Relations Board, Washington, D. C., on the brief), for respondent.

Before CLARK, Chief Judge, WATERMAN, Circuit Judge, and EDELSTEIN, District Judge.

EDELSTEIN, District Judge.

The Scobell Chemical Company, Inc. has filed a petition to review and set aside an order of the National Labor Relations Board issued on October 1, 1958, finding that the petitioner refused to bargain1 with the Union2 in violation of Sections 8(a) (5) and 8(a) (1) of the National Labor Relations Act, as amended, 29 U.S.C. §§ 158...

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