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SWEETLAKE LAND AND OIL COMPANY v. N. L. R. B.

No. 20740.

334 F.2d 220 (1964)

The SWEETLAKE LAND AND OIL COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied September 17, 1964.

Attorney(s) appearing for the Case

Everett R. Scott, Jr., Kaufman, Anderson, Leithead, Scott & Boudreau, Lake Charles, La., for Sweetlake, petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick L. Manoli, Associate Gen. Counsel, N. L. R. B., Paul Elkind, Atty., N. L. R. B., Washington, D. C., Arnold Ordman, Gen. Counsel, Warren M. Davison, Duane R. Batista, Attys., N. L. R. B., for respondent.

G. Allen Kimball, Lake Charles, La., for American Rice Growers Cooperative Assn., amicus curiae.

Before TUTTLE, Chief Judge, WISDOM, Circuit Judge, and McRAE, District Judge.

TUTTLE, Chief Judge.

This petition for review of an order of the Board and cross-petition for enforcement principally presents the question whether certain employees of petitioner are "agricultural laborers" and, therefore, exempt from the collective bargaining requirements of the National Labor Relations Act. If they are not exempt, then the Court must also decide whether petitioner violated Section 8(a) (5) and Section 8(a) (1) of the Act for failure to bargain...

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