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RETAIL WHOLESALE & DEPT. STORE UNION, AFL-CIO v. RAINS

No. 17632.

266 F.2d 503 (1959)

RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, et al., Appellants, v. William J. RAINS, Acting Regional Director of The Tenth Region of The National Labor Relations Board, For and On Behalf of The National Labor Relations Board, Appellee.

United States Court of Appeals Fifth Circuit.

April 30, 1959.

Attorney(s) appearing for the Case

Jerome A. Cooper, C. V. Stelzenmuller, Birmingham, Ala. (Arthur J. Goldberg, David E. Feller, Washington, D. C., Cooper, Mitch, Black & Crawford, Birmingham, Ala., on the brief), for appellants.

Winthrop A. Johns, Asst. Gen. Counsel, N.L.R.B., Thomas J. McDermott, Assoc. Gen. Counsel, N.L.R.B., Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Jacques Schurre, Atty., National Labor Relations Board, Washington, D. C., on the brief), for appellees.

Burr, McKamy, Moore & Thomas, Birmingham, Ala., on the brief, for charging party.

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

HUTCHESON, Chief Judge.

This is an appeal from an order of the United States District Court for the Northern District of Alabama, granting a petition for temporary injunction filed on behalf of the National Labor Relations Board by the Acting Regional Director, pursuant to the provisions of Sec. 10(l) of the National Labor Relations Act, as amended, 29 U.S.C.A. § 141 et seq., particularly Sec. 160(l). The petition was predicated on charges filed...

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