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LEEDOM v. FITCH SANITARIUM, INC.

No. 16215.

294 F.2d 251 (1961)

Boyd LEEDOM, as Chairman, et al., as Members of the National Labor Relations Board, an Agency of the United States Government, Appellants, v. FITCH SANITARIUM, INC., Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided June 29, 1961.

Attorney(s) appearing for the Case

Mr. James C. Paras, Atty., N. L. R. B., with whom Messrs. Stuart Rothman, Gen. Counsel, N. L. R. B., Dominick L. Manoli, Associate Gen. Counsel, N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., and Allison W. Brown, Jr., Atty., N. L. R. B., Washington, D. C., were on the brief, for appellant.

Mr. Sanford H. Markham, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, New York City, for appellee.

Messrs. Joseph B. Gildenhorn and Gerald J. Miller, Washington, D. C., also entered appearances for appellee.

Before EDGERTON, FAHY and BASTIAN, Circuit Judges.

FAHY, Circuit Judge.

The members of the National Labor Relations Board, herein referred to as the Board, appeal from an order of the District Court requiring the Board, in an action filed by appellee, the Fitch Sanitarium, Incorporated, herein referred to as the Sanitarium, to assert jurisdiction of a representation petition filed by the Sanitarium with the Board under section 9(c) (1) (B)1 of the National Labor Relations Act. The court...

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