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COSENTINO v. LOCAL 28, INTERNAT'L ORGAN. OF MASTERS, ETC.

No. 16161.

268 F.2d 648 (1959)

Salvatore COSENTINO, Regional Director of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Appellant, v. LOCAL 28, INTERNATIONAL ORGANIZATION OF MASTERS, MATES AND PILOTS, AFL-CIO, and E. A. Adams and Harry Rutan, its agents, Appellees.

United States Court of Appeals Eighth Circuit.

July 20, 1959.

Attorney(s) appearing for the Case

Norton J. Come, Deputy Asst. Gen. Counsel, N. L. R. B. Washington, D. C. (Jerome D. Fenton, Gen. Counsel, Thomas J. McDermott, Assoc. Gen. Counsel, Winthrop A. Johns, Asst. Gen. Counsel, and Joseph I. Nachman and Fred S. Landess, Attys. N. L. R. B., Washington, D. C., were with him on the brief), for appellant.

Mozart G. Ratner, Chicago, Ill. (Jacobs & Ratner, Chicago, Ill., were with him on the brief), for appellees.

Before SANBORN, VAN OOSTERHOUT, and MATTHES, Circuit Judges.

MATTHES, Circuit Judge.

The sole question for determination on this appeal is the effect of an order entered on August 26, 1958, by Judge Joseph Samuel Perry, of the United States District Court for the Northern District of Illinois, Eastern Division. Madden v. International Organization of Masters, etc., 166 F.Supp. 862. This order dismissed a prior suit instituted on behalf of the National Labor Relations Board (hereinafter...

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