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NATIONAL LABOR RELATIONS BOARD v. BENEVENTO

No. 5849.

316 F.2d 224 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. Michael BENEVENTO et al., d/b/a M. Benevento Sand & Gravel Company, Respondents.

United States Court of Appeals First Circuit.

Decided April 15, 1963.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Allison W. Brown, Jr., Margaret M. Farmer, Attys., National Labor Relations Board, for petitioner.

Before WOODBURY, Chief Judge, and HARTIGAN and ALDRICH, Circuit Judges.

WOODBURY, Chief Judge.

On December 29, 1961, we remanded this case to the Board for further proceedings because we felt that there was not sufficient evidence in the record to support the Board's assertion of jurisdiction. See N. L. R. B. v. Benevento, 297 F.2d 873 (C.A.1, 1961). Pursuant to our remand the Board recommitted the case to a trial examiner who, after taking further evidence, filed a supplemental intermediate report wherein...

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