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N. L. R. B. v. ALUMINUM TUBULAR CORPORATION

No. 177, Docket 27130.

299 F.2d 595 (1962)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALUMINUM TUBULAR CORPORATION and American Flagpole Equipment Co., Inc., Respondents.

United States Court of Appeals Second Circuit.

Decided February 19, 1962.

Attorney(s) appearing for the Case

Judith Bleich Kahn, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, Atty., National Labor Relations Board, Washington, D. C.), for petitioner.

Bernard P. Lampert, New York City, for respondents.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.

FRIENDLY, Circuit Judge.

The only significant legal issue presented by this petition by the NLRB to enforce an order to bargain, 130 N.L. R.B. No. 137, is the recurring one of how far the duty of one employer to bargain with a certified union may be enforced against another. The facts are as follows:

Respondent American Flagpole Equipment Co., Inc., hereafter Flagpole, is a New York corporation, organized around 1937. It was owned by William N. Johnson and...

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