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CONSOLIDATED EDISON COMPANY OF NEW YORK v. McLEOD

No. 337, Docket 27412.

302 F.2d 354 (1962)

CONSOLIDATED EDISON COMPANY OF NEW YORK, Inc., Plaintiff-Appellant, v. Ivan C. McLEOD, Regional Director for the Second Region of the National Labor Relations Board, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 26, 1962.

Attorney(s) appearing for the Case

John A. Pateracki, Jr., of Whitman, Ransom & Coulson, New York City (Pincus M. Berkson, Kevin Thomas Duffy, New York City, of counsel, on the brief), for plaintiff-appellant.

James C. Paras, Attorney, National Labor Relations Board, Washington, D. C. (Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, Standau E. Weinbrecht, Attorney, National Labor Relations Board), for defendant-appellee.

Before MEDINA, SMITH and HAYS, Circuit Judges.

HAYS, Circuit Judge.

The plaintiff brought this action in the district court to enjoin a National Labor Relations Board election for the determination of representatives. The district court denied an injunction. We affirmed from the bench.

The controversy concerns certain employees in plants recently acquired by the plaintiff. The plaintiff maintains that these employees, under the Board's doctrine of "accretion,...

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