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WES CHAPTER, FLIGHT ENG. INT. ASS'N v. NATIONAL MEDIATION BD.

No. 16697.

314 F.2d 234 (1962)

WES CHAPTER, FLIGHT ENGINEERS' INTERNATIONAL ASSOCIATION, AFL-CIO, Appellant, v. NATIONAL MEDIATION BOARD et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided November 15, 1962.

Attorney(s) appearing for the Case

Mr. Isaac N. Groner, Washington, D. C., with whom Messrs. I. J. Gromfine, Washington, D. C., Herman Sternstein, New York City, and William B. Peer, Washington, D. C., were on the brief, for appellant.

Mr. Frank Q. Nebeker, Asst. U. S. Atty., for appellee National Mediation Board and certain other appellees. Mr. David C. Acheson, U. S. Atty., and Messrs. Nathan J. Paulson and Harold D. Rhynedance, Jr., Asst. U. S. Attys., at the time the brief was filed, were on the brief for appellee National Mediation Board and certain other appellees.

Mr. Tim L. Bornstein, Washington, D. C., for appellee Second Officers' Association.

Mr. Donald K. Hall, Los Angeles, Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Messrs. L. Welch Pogue, Washington, D. C., and Hugh W. Darling, Los Angeles, Cal., were on the brief, for appellee, Western Air Lines, Inc. Messrs. Calvin Davison and Robert H. Shorb, Washington, D. C., also entered appearances for appellee Western Air Lines, Inc.

Before FAHY, BASTIAN and BURGER, Circuit Judges.

FAHY, Circuit Judge.

The action in the District Court was to obtain a decree vacating orders, rulings, and the direction of an election made by the National Mediation Board, and for a declaratory judgment and injunctive relief. The plaintiff, now appellant, is WES Chapter, Flight Engineers International Association, AFL-CIO, hereinafter referred to as "the Association" or "the Union". The District Court dismissed the action for failure to state a claim upon which...

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