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RETAIL CLERKS UNION, NO. 1550 v. N. L. R. B.

No. 17726.

330 F.2d 210 (1964)

RETAIL CLERKS UNION, NO. 1550, et al., Retail Clerks International Association, AFL-CIO, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent, and The Kroger Company, Intervenor.

United States Court of Appeals District of Columbia Circuit.

Decided January 23, 1964.

Attorney(s) appearing for the Case

Mr. S. G. Lippman, Washington, D. C., with whom Mr. Russell Specter, Washington, D. C., was on the brief, for petitioners. Mr. Tim L. Bornstein, Washington, D. C., also entered an appearance for petitioners.

Mr. Warren M. Davison, Attorney, National Labor Relations Board, with whom Messrs. Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Asst. General Counsel, and Peter M. Giesey, Attorney, National Labor Relations Board, were on the brief, for respondent. Mr. James C. Paras, Attorney, National Labor Relations Board, also entered an appearance for respondent.

Mr. J. Mack Swigert, Cincinnati, Ohio, of the bar of the Supreme Court of Ohio, pro hac vice, by special leave of court, with whom Mr. Frank H. Stewart, Cincinnati, Ohio, was on the brief, for intervenor.

Before FAHY, BURGER and McGOWAN, Circuit Judges.

McGOWAN, Circuit Judge.

The petitioners here, Retail Clerks International Association, AFL-CIO, and a number of its local unions, (hereinafter sometimes collectively referred to as the "Union"), seek to set aside an order of the National Labor Relations Board dismissing a complaint against The Kroger Co., a food retailing chain. The complaint charged Kroger with violations of Section 8(a) (1) and (5) of the National Labor Relations Act1

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