N. L. R. B. v. MIRANDA FUEL CO., INC.

No. 73, Docket 26232.

326 F.2d 172 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MIRANDA FUEL CO., INC., Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. LOCAL 553, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Respondent.

United States Court of Appeals Second Circuit.

Decided December 11, 1963.


Attorney(s) appearing for the Case

Melvin J. Welles, Attorney, National Labor Relations Board, Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Herman M. Levy, Attorney, National Labor Relations Board, Washington, D. C., on the brief), for petitioner.

Samuel J. Cohen, New York City (Jack Last and Cohen & Weiss, New York City, on the brief), for respondent Union.

Ruth Weyand, Washington, D. C., Melvin L. Wulf and David N. Ellenhorn, New York City, for American Civil Liberties Union as Amicus Curiæ.

Thomas E. Harris, Associate General Counsel, AFL-CIO, Washington, D. C., for American Federation of Labor and Congress of Industrial Organizations as Amicus Curiæ.

Robert L. Carter and Maria L. Marcus, New York City, for National Association for the Advancement of Colored People as Amicus Curiæ.

Joseph L. Rauh, Jr., John Silard and Stephen I. Schlossberg, Washington, D. C., and Benjamin Rubenstein, New York City, for United Automobile, Aerospace & Agricultural Implement Workers of America (AFL-CIO) as Amicus Curiæ.

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


MEDINA, Circuit Judge.

This case was first before us in 1960, N. L. R. B. v. Miranda Fuel Co., 284 F.2d 861. We granted enforcement but not on the theory advanced by the Board, as will be more fully explained below. After the Union applied to the Supreme Court for certiorari that Court decided Local 357, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America v. N. L. R. B., 1961, 365...

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