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N. L. R. B. v. MARCUS TRUCKING CO.

No. 118, Docket 26336.

286 F.2d 583 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MARCUS TRUCKING CO., Inc., Respondent.

United States Court of Appeals Second Circuit.

Decided January 26, 1961.

Attorney(s) appearing for the Case

Melvin Welles, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles and Robert Sewell, Attys., National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

William Biederman, New York City, (Harris J. Klein and Irving Klein, New York City, of counsel), for respondent.

Before CLARK, WATERMAN and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

This petition for enforcement brings before us another aspect of the N.L.R.B. "contract-bar" rule, which has recently concerned us in Local 1545, United Brotherhood of Carpenters and Joiners v. Vincent, 1960, 286 F.2d 127, and in N. L. R. B. v. Lundy Manufacturing Corp., 1960, 286 F.2d 424. In Local 1545 a union claimed the rule prevented the Board from ordering an election...

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