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N. L. R. B. v. ATLANTA COCA-COLA BOTTLING COMPANY

No. 18289.

296 F.2d 896 (1961)

NATIONAL LABOR RELATIONS BOARD, Appellant, v. ATLANTA COCA-COLA BOTTLING COMPANY, Inc., Atlanta, Georgia, Appellee.

United States Court of Appeals Fifth Circuit.

December 14, 1961.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick Manoli, Associate Gen. Counsel, Hans J. Lehmann, Atty., N.L.R.B., Washington, D. C., for appellant.

A. G. Cleveland, Jr., Harry J. Mehre, Jr., Atlanta, Ga., for appellee.

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

PER CURIAM.

The petition for rehearing is based on the Board's belief that the Court may have misapprehended the Board's finding as to the extent of the violation of Section 8(a) (3), National Labor Relations Act, 29 U.S.C.A. § 158(a) (3). The Court was under no misapprehension.

(1) The petition quotes the following statement from the Court's opinion: "[The] Trial Examiner, with the approval of the Board, found that all forty-seven discharges were in...

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