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N. L. R. B. v. BENTON AND COMPANY

No. 19320.

313 F.2d 629 (1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. BENTON AND COMPANY, Inc., Respondent.

United States Court of Appeals Fifth Circuit.

February 6, 1963.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Herman M. Levy, Atty., Stuart Rothman, Gen. Counsel, Allison W. Brown, Jr., Alexander B. McMurtrie, Attys., National Labor Relations Board, Washington, D. C., for petitioner.

J. Danforth Browne, Tampa, Fla., Roy M. Speer, St. Petersburg, Fla., Macfarlane, Ferguson, Allison & Kelly, Tampa, Fla., DiVito & Speer, St. Petersburg, Fla., for respondent.

Before JONES and BELL, Circuit Judges, and ESTES, District Judge.

PER CURIAM.

An unfair labor practice charge was made against the respondent, Benton and Company, Inc., and a cease and desist order was entered. The Board seeks enforcement of its order. The respondent and the Board have stipulated that the respondent does not contest the validity of the Board's order except as to its jurisdiction over the respondent. The respondent here contends that it is not engaged in commerce or in any activity affecting commerce within the meaning...

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