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N. L. R. B. v. GILVIN-TERRILL, INC.

No. 21203.

338 F.2d 971 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GILVIN-TERRILL, INC., Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 29, 1964.

Attorney(s) appearing for the Case

George H. Cohen, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Arnold Ordman, Gen. Counsel, Lee M. Modjeska, Atty., N. L. R. B., Washington, D. C., for petitioner.

H. M. Adkins, of Simpson, Adkins, Fullingim & Hankins, John Cosmic, Amarillo, Tex., for respondent.

Before TUTTLE, Chief Judge, BROWN and GEWIN, Circuit Judges.

PER CURIAM.

This is a petition for the enforcement of an order of the National Labor Relations Board arising out of a finding by the Board that the respondent company had violated section 8(a) (5) and (1) of the Act1 by refusing to bargain with the union certified as the representative of the company's shop employees. The company refused to bargain for the asserted reason that the bargaining unit covered by the certification was inappropriate...

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