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RETAIL STORE EMPLOYEES UNION LOCAL 954, ETC. v. ROTHMAN

No. 16534.

298 F.2d 330 (1962)

RETAIL STORE EMPLOYEES UNION LOCAL 954, RETAIL CLERKS INTERNATIONAL ASSOCIATION, AFL-CIO, Appellant, v. Stuart ROTHMAN, individually and as General Counsel of the National Labor Relations Board, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided January 11, 1962.

Attorney(s) appearing for the Case

Mr. Joseph E. Finley, Washington, D. C., with whom Mr. S. G. Lippman, Washington, D. C., was on the brief, for appellant.

Mr. Allison W. Brown, Jr., National Labor Relations Board, with whom Messrs. Stuart Rothman, Gen. Counsel, National Labor Relations Board, Dominick L. Manoli, Associate Gen. Counsel, National Labor Relations Board, and Marcel Mallet-Prevost, Asst. Gen. Counsel, National Labor Relations Board, were on the brief, for appellee.

Before FAHY, WASHINGTON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

Plaintiff [appellant] filed a complaint in the District Court praying for a mandatory injunction to require the General Counsel of the National Labor Relations Board [defendant-appellee] to issue a complaint charging an unfair labor practice. The case came on for hearing on defendant's motion to dismiss the complaint or, in the alternative, for summary judgment, and on plaintiff's cross-motion for summary judgment. The District Court, being...

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