HIRSCH v. McCULLOCH

Nos. 16590, 16596.

303 F.2d 208 (1962)

Max HIRSCH et al., Appellants, v. Frank W. McCULLOCH et al., Appellees. Walter A. KELLEY, Appellant, v. Frank W. McCULLOCH et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided March 15, 1962.


Attorney(s) appearing for the Case

Mr. John K. Carroll, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for appellants in No. 16,590. Mr. Martin F. O'Donoghue, Washington, D. C., was on the brief for appellants in No. 16,590. Mr. Patrick C. O'Donoghue, Washington, D. C., also entered an appearance for appellants in No. 16,590.

Mr. Alfred Giardino, New York City, of the bar of the Court of Appeals of New York, pro hac vice, by special leave of court, for appellant in No. 16,596. Messrs. Francis L. Casey, Jr., and Jeremiah C. Collins, Washington, D. C., also entered appearances for appellant in No. 16,596.

Mr. James C. Paras, Atty., N. L. R. B. with whom Messrs. Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Herman M. Levy, Atty., N. L. R. B., were on the brief, for appellees.

Before PHILLIPS, Senior Circuit Judge for the Tenth Circuit, and DANAHER and BASTIAN, Circuit Judges.


DANAHER, Circuit Judge.

Appellants, owners or trainers of thoroughbred race horses, are employers of grooms, exercise boys, "hot walkers" and other stable employees whom the Union1 in New York seeks to represent. Such employees frequently and periodically move from state to state in their transportation and care of the horses which are engaged in horse-racing where licensed. The employers in the District Court charged that the Board had...

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