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MINNESOTA MILK COMPANY v. N. L. R. B.

No. 16966.

314 F.2d 761 (1963)

MINNESOTA MILK COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and Milk Drivers and Dairy Employees' Union, Local No. 546, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, Intervenor.

United States Court of Appeals Eighth Circuit.

March 7, 1963.

Attorney(s) appearing for the Case

Thomas M. Vogt, St. Paul, Minn., made argument for petitioner; Felhaber, Larson & Fenlon, St. Paul, Minn., with him on the brief.

Hans J. Lehmann, Atty., N. L. R. B., Washington, D. C., made argument for respondent; Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Melvin J. Welles, Atty., N. L. R. B., Washington, D. C., with him on the brief.

Donald Savelkoul, Minneapolis, Minn., made argument for intervenor and filed brief, with Sigal & Cohen, Minneapolis, Minn.

Before VOGEL and VAN OOSTERHOUT, Circuit Judges, and VAN PELT, District Judge.

VAN PELT, District Judge.

This case is before us upon a petition to review and modify an order of the National Labor Relations Board in a dispute involving the status of Lyle Hillyer, who distributed petitioner's dairy products on specified routes in suburbs of Minneapolis in June, 1960. It also involves the 1960 labor agreement between the petitioner dairy and the intervenor union. The company's complaint was dismissed in part by the Board. Minnesota Milk Co., 133...

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