N. L. R. B. v. TEXAS ALUMINUM COMPANY

No. 19067.

303 F.2d 435 (1962)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TEXAS ALUMINUM COMPANY, Inc., Respondent.

United States Court of Appeals Fifth Circuit.

May 30, 1962.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick L. Manoli, Assoc. Gen. Counsel, N. L. R. B., Elliot Moore, Atty., N. L. R. B., Washington, D. C., for petitioner.

Carl B. Callaway, Joe P. Mathews, Dallas, Tex., for respondent.

Before HUTCHESON, CAMERON and GEWIN, Circuit Judges.


PER CURIAM.

In deference to respondent's earnestness in attacking as erroneous the announced conclusion of our opinion:

"There is no evidence whatever that there was any more loafing or interfering with the working time of other employees than would have been the case if the company had not adopted the rule or had maintained a regular rest period. Indeed, there was no attempt to make such proof."

we have carefully reconsidered the conclusion in the...

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