No. 16868.

315 F.2d 48 (1963)

Jack T. COX, Individually and as an Officer, Member and Representative of Orange Belt District Council of Painters No. 48, an Unincorporated Association; Orange Belt District Council of Painters No. 48, an Unincorporated Association, Appellants, v. Frank W. McCULLOCH, Boyd Leedom, Philip Ray Rogers, John H. Fanning, Gerald A. Brown, as Members of the National Labor Relations Board, Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 24, 1963.

Petition for Rehearing Denied March 19, 1963.

Attorney(s) appearing for the Case

Mr. Herbert M. Ansell, Los Angeles. Cal., of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Mr. Herbert S. Thatcher, Washington, D. C., was on the brief, for appellants. Mr. James F. Carroll, Washington, D. C., also entered an appearance for appellants.

Mr. James C. Paras, Attorney, National Labor Relations Board, with whom Messrs. Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marcel Mallet-Prevost, Asst. General Counsel, National Labor Relations Board, were on the brief, for appellees.

Before WASHINGTON, DANAHER and WRIGHT, Circuit Judges.

WRIGHT, Circuit Judge.

Appellant seeks to enjoin certification1 of District 50, United Mine Workers, winner in a representation contest with appellant and a third union, as bargaining representative of the employees of Calhoun Drywall Company. In the election District 50 received five votes, the third union received three votes, and appellant received none. The basis for this challenge is that District 50 is not a "labor organization"...

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