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WYATT FOOD STORES v. NATIONAL LABOR RELATIONS BOARD

No. 18332.

287 F.2d 37 (1961)

WYATT FOOD STORES (Division of Kroger Company), Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

February 28, 1961.

Attorney(s) appearing for the Case

J. Mack Swigert, Cincinnati, Ohio, Johnson, Bromberg, Leeds & Riggs, Dallas, Tex., for petitioner.

Vivian A. Asplund, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Stuart Rothman, Gen. Counsel, Melvin J. Welles, Atty., N. L. R. B., Washington, D. C., for respondent.

Before TUTTLE, Chief Judge, HUTCHESON, Circuit Judge, and CLAYTON, District Judge.

PER CURIAM.

This is an ordinary Labor Board case involving only a cease and desist order and no order for reinstatement. A reading of the intermediate report and the decision of the Board leaves us in no doubt that the Board's order should be enforced. This is not a case, as petitioner seems to think, where the Board's order interferes with the right of the petitioner to free speech with respect to unions and unionization. It is, on the contrary, a case where, considering...

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