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INTERNATIONAL TYPOGRAPHICAL UNION LOCAL 38 v. N. L. R. B.

Nos. 5509, 5510.

278 F.2d 6 (1960)

INTERNATIONAL TYPOGRAPHICAL UNION LOCAL 38, AFL-CIO and International Typographical Union Local 165, AFL-CIO and its Scale Committee, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. INTERNATIONAL TYPOGRAPHICAL UNION, AFL-CIO, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals First Circuit.

Decided May 10, 1960.

Rehearing Denied June 10, 1960.

Attorney(s) appearing for the Case

Robert M. Segal, Boston, Mass., and Gerhard Van Arkel, Washington, D. C., with whom Arthur J. Flamm, Boston, Mass., Henry Kaiser, George Kaufmann, Washington, D. C., Segal & Flamm, Boston, Mass., Van Arkel & Kaiser, Washington, D. C., and Dickstein, Shapiro & Galligan, New York City, were on brief, for petitioners.

Melvin Pollack, Washington, D. C., Atty., with whom Stuart Rothman, Gen. Counsel, Thomas J. McDermott, Associate Gen. Counsel, and Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., were on brief, for respondent.

Before WOODBURY, Chief Judge, HARTIGAN, Circuit Judge, and WYZANSKI, District Judge.

WOODBURY, Chief Judge.

The Haverhill Gazette Company and the Worcester Telegram Publishing Company, Inc., Haverhill and Worcester or collectively the employers hereinafter, are and for years have been engaged in the business of publishing daily newspapers in their respective Massachusetts communities. Both subscribe to interstate news services, advertise nationally sold products and enjoy annual gross revenues from their publishing...

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