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BODY & TANK CORP. v. N.L.R.B.

No. 50, Docket 28589.

339 F.2d 76 (1964)

BODY & TANK CORP., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided December 3, 1964.

Attorney(s) appearing for the Case

Harry B. Sale, New York City (Sale & Sale, Robert Sale, New York City, on the brief), for petitioner.

Melvin J. Welles, Atty., NLRB, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Vivian Asplund, Atty., NLRB, of counsel), for respondent.

Sipser, Weinstock & Weinmann, New York City (Richard Dorn, New York City, on the brief), for Local No. 455, International Ass'n of Bridge, Structural and Ornamental Iron Workers, AFL-CIO, amicus curiae.

Before LUMBARD, Chief Judge, and HAYS and ANDERSON, Circuit Judges.

HAYS, Circuit Judge.

Petitioner Body and Tank Corp. asks that an order of the National Labor Relations Board, 144 N.L.R.B. No. 136 (1963), based upon a finding of violation of Section 8(a) (1), (3) and (5) of the National Labor Relations Act1 be set aside. The Board seeks enforcement of its order.

Petitioner, a manufacturer and distributor of structural steel products, had a collective bargaining agreement with

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