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N. L. R. B. v. ARMSTRONG TIRE & RUBBER CO., TIRE TEST FL. BR.

No. 15635.

263 F.2d 680 (1959)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ARMSTRONG TIRE AND RUBBER COMPANY, TIRE TEST FLEET BRANCH, Respondent.

United States Court of Appeals Fifth Circuit.

February 19, 1959.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Owsley Vose, Atty., N.L.R.B., Washington, D. C., for petitioner.

F. A. Kullman, Richard C. Keenan, Kullman & Lang, New Orleans, La., for respondent.

Sam Houston Clinton, Jr., Austin, Tex., for intervenor.

Before HUTCHESON, Chief Judge, and RIVES and JONES, Circuit Judges.

HUTCHESON, Chief Judge.

While ordinarily a motion of the kind here involved would be disposed of on the motion papers and without oral argument, we set the motion for hearing because of the insistence of the respondent, (1) that the order was entered in violation of a settlement entered into between respondent and the Regional Office of the Board, which was a bar to further proceedings in determination of back pay, and (2) that if the settlement was not a bar, the...

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