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HERCULES POWDER COMPANY v. N. L. R. B.

No. 18401.

297 F.2d 424 (1961)

HERCULES POWDER COMPANY, Appellant, v. NATIONAL LABOR RELATIONS BOARD, Appellee.

United States Court of Appeals Fifth Circuit.

November 17, 1961.

Attorney(s) appearing for the Case

M. L. Taliaferro, C. V. Stelzenmuller, Birmingham, Ala., William V. Roth, Jr., Wilmington, Del., Moore, Thomas, Taliaferro, Forman & Burr, Birmingham, Ala., of counsel, for petitioner.

Melvin J. Welles, Atty., N. L. R. B., Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick L. Manoli, Assoc. Gen. Counsel, Washington, D. C., Stuart Rothman, General Counsel, Allan I. Mendelsohn, Attorney, National Labor Relations Board, Washington, D. C., for respondent.

Before CAMERON and WISDOM, Circuit Judges, and THOMAS, District Judge.

WISDOM, Circuit Judge.

The Hercules Powder Company petitions this Court to review and set aside an order of the National Labor Relations Board, issued April 22, 1960, under Section 10 of the National Labor Relations Act, as amended (61 Stat. 136, 73 Stat. 519, 29 U.S.C.A. § 160). In its answer, the Board requests enforcement of the order. We hold that the Board had no jurisdiction and set aside the order. N. L. R. B. v. Happ Bros. Co., 5 Cir., 1952,

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