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N. L. R. B. v. TAMPA CROWN DISTRIBUTORS, INC.

No. 17672.

272 F.2d 470 (1959)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TAMPA CROWN DISTRIBUTORS, INC., Respondent.

United States Court of Appeals Fifth Circuit.

November 10, 1959.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Thomas J. McDermott, Assoc. Gen. Counsel, NLRB, Washington, D. C., Jerome D. Fenton, Gen. Counsel, Norton J. Come, Deputy Asst. Gen. Counsel, Russell Specter, Atty., NLRB, Washington, D. C., for petitioner.

T. Charles Allen, Atlanta, Ga., Fisher, Phillips & Allen, Atlanta, Ga., for respondent.

Before RIVES, Chief Judge, and TUTTLE and BROWN, Circuit Judges.

RIVES, Chief Judge.

While the ruling of the Board on the earlier representation proceeding1 was not subject to direct review under the statute, that ruling is subject to challenge when, as here, a complaint of unfair practices is made predicated upon the ruling.2

The parties agree that the questions presented for decision are:

"1. Whether the Board...

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