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SINCLAIR REFINING COMPANY v. N. L. R. B.

No. 19282.

306 F.2d 569 (1962)

SINCLAIR REFINING COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

July 26, 1962.

Attorney(s) appearing for the Case

Tom M. Davis, John B. Abercrombie, V. R. Burch, Jr., Houston, Tex., Clarence D. Musser, New York City, Baker, Botts, Shepherd & Coates, Houston, Tex., of counsel, for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick L. Manoli, Assoc. Gen. Counsel, N. L. R. B., Samuel M. Singer, Atty., N. L. R. B., Washington, D. C., Stuart Rothman, Gen. Counsel, Seymour Strongin, Attorneys, National Labor Relations Board, for respondent.

Before TUTTLE, Chief Judge, and RIVES and BROWN, Circuit Judges.

JOHN R. BROWN, Circuit Judge.

Time and tide, it is said, waits for no man. Neither does the law. For we may acknowledge that in all likelihood the result of this decision is different from what it would have been just five years ago. What has brought this about is not the slow but sure erosion of cherished and ancient precedents or the most spectacular overruling of them by name. Neither has it been the consequence of new legislation. What has brought this about is...

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