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N. L. R. B. v. HOWARD JOHNSON COMPANY

No. 14063.

317 F.2d 1 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOWARD JOHNSON COMPANY, Respondent.

United States Court of Appeals Third Circuit.

Decided May 15, 1963.

Attorney(s) appearing for the Case

Elliott Moore, National Labor Relations Board, Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, National Labor Relations Board, on the brief), for petitioner.

Daniel O. Steele, Wollaston, Mass., for respondent.

Before STALEY and SMITH, Circuit Judges, and SHAW, District Judge.

STALEY, Circuit Judge.

The sole question presented by this case is whether respondent Howard Johnson Company in operating a restaurant on the New Jersey Turnpike acts in the capacity of a "state or political subdivision thereof" and is therefore not an "employer" as that term is defined in the National Labor Relations Act.1 Respondent does not challenge the Board's finding of a refusal to bargain with the certified representative of its...

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