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NATIONAL LABOR RELATIONS BOARD v. OZANNE INCORPORATED

No. 5852.

307 F.2d 80 (1962)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. OZANNE INCORPORATED, d/b/a Wethersfield Farms, Respondent.

United States Court of Appeals First Circuit.

June 22, 1962.

Attorney(s) appearing for the Case

Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Paul Elkind and Elliott Moore, for National Labor Relations Board, on petition for injunctive relief.

Merrill B. Nearis, Gloucester, Mass., for Carl Trumbull, on answer to order to show cause.

Before WOODBURY, Chief Judge, and HARTIGAN, and ALDRICH, Circuit Judges.

PER CURIAM.

In this case the Labor Board asks us to overrule our decision in N. L. R. B. v. Underwood Machinery Co., 1 Cir., 1952, 198 F.2d 93, wherein we held that although we had power to do so we would not restrain a state court garnishment proceeding wherein a creditor of an employee ordered by us to be "made whole" sought to subject the employer's payments to state court process. Admittedly there is an irreconcilable conflict...

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