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EASTERN GREYHOUND LINES v. FUSCO

No. 15153.

323 F.2d 477 (1963)

EASTERN GREYHOUND LINES, Plaintiff-Appellant, v. Philip FUSCO, Regional Director, National Labor Relations Board, Defendant-Appellee, and Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, AFL-CIO, Intervenor-Appellee.

United States Court of Appeals Sixth Circuit.

October 18, 1963.

Attorney(s) appearing for the Case

Theodore Voorhees, Philadelphia, Pa. (Foster J. Fludine, Cleveland, Ohio, on the brief), for appellant.

Herman M. Levy, N. L. R. B., Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, James C. Paras and Solomon I. Hirsh, Attys., N. L. R. B., Washington, D. C., on the brief), for defendant-appellee.

Earle W. Putnam, Washington, D. C., for intervenor-appellee.

Before CECIL, Chief Judge, O'SULLIVAN, Circuit Judge, and PECK, District Judge.

O'SULLIVAN, Circuit Judge.

By the action here involved, Plaintiff-Appellant, Eastern Greyhound Lines, sought to have the United States District Court at Cleveland enjoin Defendant-Appellee, Philip Fusco, Regional Director of the National Labor Relations Board, from conducting a representation election among the dispatchers and assistant dispatchers employed by Eastern Greyhound Lines. Upon motion of Defendant-Appellee, the complaint was dismissed on a holding that...

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