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McLEOD v. LOCAL 239, INTERNATIONAL BRO. OF TEAMSTERS, ETC.

No. 326, Docket 28663.

330 F.2d 108 (1964)

Ivan C. McLEOD, Regional Director of the Second Region of The National Labor Relations Board, for and on behalf of The National Labor Relations Board, Petitioner-Appellee, v. LOCAL 239, INTERNATIONAL BROTHERHOOD OF TEAMSTERS, CHAUFFEURS, WAREHOUSEMEN AND HELPERS OF AMERICA, Respondent-Appellant.

United States Court of Appeals Second Circuit.

Decided March 30, 1964.

Attorney(s) appearing for the Case

Julius G. Serot, Asst. General Counsel, N. L. R. B., Washington, D. C. (Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, and Marvin Roth, Washington, D. C., Attorney, on the brief), for petitioner-appellee.

Charles R. Katz, of Katz & Wolchok, New York City, for respondent-appellant.

Before WATERMAN and KAUFMAN, Circuit Judges, and DIMOCK, District Judge.

KAUFMAN, Circuit Judge.

Posing a question vital to the prosecutorial machinery of the National Labor Relations Board, this appeal challenges the power of the Board's General Counsel to order that a temporary injunction be sought, when the conduct to be enjoined has initially been found by a regional director not to constitute an unfair labor practice.

By the terms of § 10(l) of the National Labor Relations...

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