FRITO COMPANY, WESTERN DIVISION v. N. L. R. B.

Nos. 18350, 18400.

330 F.2d 458 (1964)

The FRITO COMPANY, WESTERN DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. RETAIL CLERKS UNION LOCAL 770 et al., Respondents.

United States Court of Appeals Ninth Circuit.

April 7, 1964.


Attorney(s) appearing for the Case

Hill, Farrer & Burrill and Ray L. Johnson, Jr., Los Angeles, Cal., for petitioner Frito Co.

Daniel R. Thompson, Washington, D. C., for amicus curiae American Bottlers of Carbonated Beverages (No. 18350).

Hill, Farrer & Burrill, Carl M. Gould, and Stanley E. Tobin, Los Angeles, Cal., for amicus curiae American Research Merchandising Institute (No. 18350).

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Melvin J. Welles, Lee Modjeska, and Harvey Letter, Attys., N. L. R. B., Washington, D. C., for National Labor Relations Board.

Gilbert, Nissen & Irvin, Robert W. Gilbert and William B. Irvin, Beverly Hills, Cal., for respondent and intervenor Retail Clerks Union Locals 889, 1167, 1428 and 1442.

Arnold, Smith & Schwartz, George Arnold and Kenneth M. Schwartz, Los Angeles, Cal., for respondent and intervenor Retail Clerks Union Local 770.

McLaughlin & McLaughlin, Joseph M. McLaughlin, and Frederick A. Morgan, Los Angeles, Cal., for intervenor respondents Alpha Beta Food Markets, Inc., etc.

Before BARNES and JERTBERG, Circuit Judges, and STEPHENS, District Judge.


ALBERT LEE STEPHENS, Jr., District Judge:

Two cases have been consolidated, both arise from a decision and order of the National Labor Relations Board (hereinafter called the Board) issued against respondent Employers1 and Unions2 on August 24, 1962 and reported at 138 NLRB 27. One case, No. 18350, is before the Court on the petition of Frito Company, Western Division (hereinafter called Frito) for a review...

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