UNITED WHOLESALE & WAREHOUSE EMP., ETC. v. N. L. R. B.

No. 15482.

282 F.2d 824 (1960)

UNITED WHOLESALE AND WAREHOUSE EMPLOYEES, LOCAL 261, RETAIL, WHOLESALE AND DEPARTMENT STORE UNION, AFL-CIO, et al., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals District of Columbia Circuit.

Decided July 7, 1960.


Attorney(s) appearing for the Case

Mr. David E. Feller, Washington, D. C., with whom Messrs. Arthur J. Goldberg and Jerry D. Anker, Washington, D. C., were on the brief, for petitioners.

Mrs. Nancy M. Sherman, Atty., National Labor Relations Board, with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. Gen. Counsel, National Labor Relations Board, were on the brief, for respondent. Mr. Thomas J. McDermott, Associate Gen. Counsel, National Labor Relations Board at the time the record was filed, also entered an appearance for respondent.

Before EDGERTON, WILBUR K. MILLER and DANAHER, Circuit Judges.


DANAHER, Circuit Judge.

Conformably to our Prehearing Conference Rule 38(k), the parties agreed that the question here presented is: "Whether the Board properly concluded, on the facts stipulated by the parties before the Board, and in the circumstances of this case, that the Union violated Section 8(b) (4) (A) of the Act1 by picketing, in furtherance of a primary strike against a manufacturer, at stores

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