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N. L. R. B. v. GIBBS CORPORATION

No. 18258.

284 F.2d 403 (1960)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GIBBS CORPORATION, Respondent.

United States Court of Appeals Fifth Circuit.

November 22, 1960.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Melvin J. Welles, George B. Du Bois, Jr., Attys., N. L. R. B., Washington, D. C., for petitioner.

Albert S. C. Millar, Jr., Hamilton & Bowden, Jacksonville, Fla., for respondent.

Before RIVES, Chief Judge, and TUTTLE and WISDOM, Circuit Judges.

TUTTLE, Circuit Judge.

This is a petition for enforcement of a Board order for the reinstatement of an employee whose discharge the Board finds to have been a violation of Section 8(a) (1) of the Labor Act, 29 U.S.C.A. § 158 (a) (1). Charges of violation of Section 8(a) (3) in the firing of the employee were dismissed by the Board, since the Board found the remedy would be the same; that is, the rehiring of the discharged employee with back pay.

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