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MIAMI NEWSPAPER PRINTING PRESSMEN'S U. LOCAL 46 v. McCULLOCH

No. 17459.

322 F.2d 993 (1963)

MIAMI NEWSPAPER PRINTING PRESSMEN'S UNION LOCAL 46, Appellant, v. Frank W. McCULLOCH, et al., individually and as Chairman and Members of and constituting the National Labor Relations Board, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 18, 1963.

Attorney(s) appearing for the Case

Mr. Neal Rutledge, Miami, Fla., with whom Messrs. Herbert S. Thatcher and David S. Barr, Washington, D. C., were on the brief, for appellant.

Mr. Stephen B. Goldberg, Attorney, National Labor Relations Board, of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Messrs. Stuart Rothman, General Counsel, National Labor Relations Board, at the time the brief was filed, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and James C. Paras, Attorney, National Labor Relations Board, were on the brief, for appellees. Mr. Hans Lehmann, Attorney, National Labor Relations Board, also entered an appearance for appellees.

Before WILBUR K. MILLER, BASTIAN and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge.

This case arises out of a labor dispute between Local 46 of the Miami Newspaper Printing Pressmen's Union and the Miami Herald Publishing Company, publisher of the "Miami Herald" in the City of Miami, Florida. Petitioner desired certification by the National Labor Relations Board as the bargaining agent for the employees of the Miami Herald. In a challenge to the Board's failure to certify an election, pursuant to Section 9(c) of the National...

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