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MEEKINS, INC. v. BOIRE

Nos. 19847, 19848.

320 F.2d 445 (1963)

MEEKINS, INC., Appellant, v. Harold A. BOIRE, Regional Director, Twelfth Region, National Labor Relations Board, et al., Appellees. CONE BROTHERS CONTRACTING COMPANY, Appellant, v. Harold A. BOIRE, Regional Director, Twelfth Region, National Labor Relations Board, Appellee.

United States Court of Appeals Fifth Circuit.

July 8, 1963.

Attorney(s) appearing for the Case

Erle Phillips, Atlanta, Ga., Ralph R. Quillan, Hollywood, Fla., Fisher & Phillips, Atlanta, Ga., for appellant Meekins, Inc.

J. Rex Farrior, Jr., Tampa, Fla., Ray C. Muller, Atlanta, Ga., Jack S. Newsome, Tampa, Fla., Erle Phillips, Atlanta, Ga., for appellant Cone Bros. Contracting Co.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon Hirsh, Atty., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Melvin J. Welles, Herman M. Levy, Attys., N. L. R. B., Washington, D. C., for appellees.

Before RIVES and CAMERON, Circuit Judges, and BOOTLE, District Judge.

BOOTLE, District Judge.

These two cases have so much in common that they were consolidated for oral argument and will now be decided together. In each case the appeal is from a judgment sustaining a motion to dismiss the complaint. It will be convenient, therefore to refer to appellants as plaintiffs and to appellees as defendants.

The main thrust of each complaint is against Harold A. Boire in his official capacity as Regional Director, Twelfth Region, National...

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