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SIMMONS, INC. v. N. L. R. B.

No. 5730.

287 F.2d 628 (1961)

SIMMONS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals First Circuit.

March 10, 1961.

Attorney(s) appearing for the Case

Eduardo Negron Rodriguez, with whom Fiddler, Gonzalez, Guillemard & Rodriguez, San Juan, P. R., was on brief, for petitioner.

Melvin J. Welles, Attorney, with whom Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Russell Specter, Attorney, Washington, D. C., were on brief, for respondent.

Before MAGRUDER, HARTIGAN and ALDRICH, Circuit Judges.

ALDRICH, Circuit Judge.

This is a petition for review of an order of the NLRB dismissing a complaint based upon a charge by an employer, Simmons, Inc., petitioner herein, engaged in manufacture and sale in interstate commerce in San Juan, Puerto Rico, that a committee composed of certain of its employees, collectively known as the Comite, had violated section 8(b) (4) (C) of the National Labor Relations Act.1 The first question is whether...

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