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N. L. R. B. v. ENTERPRISE ASSOCIATION, ETC.

No. 43, Docket 26186.

285 F.2d 642 (1961)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ENTERPRISE ASSOCIATION OF STEAM, HOT WATER, HYDRAULIC, SPRINKLER, PNEUMATIC TUBE, ICE MACHINE AND GENERAL PIPEFITTERS OF NEW YORK AND VICINITY, LOCAL UNION NO. 638, OF THE UNITED ASSOCIATION OF JOURNEYMEN AND APPRENTICES OF THE PLUMBING AND PIPEFITTING INDUSTRY OF THE UNITED STATES AND CANADA, and Michael F. Daly, Its Agent, Respondents.

United States Court of Appeals Second Circuit.

Decided November 25, 1960.

On Petition for Rehearing January 30, 1961.

Attorney(s) appearing for the Case

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

John A. McAvinue, Jr., New York City (Peter Kaiser, New York City, on the brief), for respondents.

Before HINCKS, WATERMAN and MOORE, Circuit Judges.

HINCKS, Circuit Judge.

Consolidated Edison Company [Edison] awarded the general piping contract for the "Arthur Kill Generating Station," a turbine generating plant on Staten Island, to Courter & Co., Inc. [Courter]. Under this contract, Courter was obliged to fabricate and install such piping as Edison should provide for the Arthur Kill project. Among the conditions to which this contract was subject was that Edison "without invalidating the Contract, may by...

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