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N. L. R. B. v. SHEAR'S PHARMACY, INC.

No. 7, Docket 28003.

327 F.2d 479 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. SHEAR'S PHARMACY, INC., and Retail Drug Employees' Union, Local 1199, Retail, Wholesale and Department Store Union, AFL-CIO, Respondents.

United States Court of Appeals Second Circuit.

Decided January 24, 1964.

Attorney(s) appearing for the Case

Paula Omansky, N.L.R.B., Washington, D. C. (Stuart Rothman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Associate General Counsel and Warren M. Davison, N.L.R.B., Washington, D. C., on the brief), for petitioner.

Lester Fenschel, New York City, for respondent Shear's Pharmacy, Inc.

Harry Weinstock, New York City (Weinstock & Tauber, New York City, on the brief), for respondent Retail Drug Employees' Union, Local 1199, Retail, Wholesale and Department Store Union, AFL-CIO.

Before LUMBARD, Chief Judge, and FRIENDLY and SMITH, Circuit Judges.

FRIENDLY, Circuit Judge.

This old case, relating to a collective bargaining agreement made in the spring of 1957 and a refusal to reinstate in the fall of 1958, is back with us after a long voyage through the N.L.R.B. and this court. See original decision and order, July 31, 1960, 128 N.L.R.B. 124; motion of N.L.R.B. to withdraw petition for enforcement in order to permit reconsideration in the light of Local 357, International Brotherhood of Teamsters, etc. v. N...

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