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N. L. R. B. v. ZIMNOX COAL COMPANY

No. 15335.

336 F.2d 516 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ZIMNOX COAL COMPANY, Respondent.

United States Court of Appeals Sixth Circuit.

September 14, 1964.

Attorney(s) appearing for the Case

Leo N. McGuire, N. L. R. B., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Elliott Moore, Atty., N. L. R. B., Washington, D. C., on the brief), for petitioner.

Henry M. Wick, Jr., Pittsburgh, Pa., and Dominic J. Bianco, Steubenville, Ohio (Coleman & Bianco, Steubenville, Ohio, Richard J. Smith, Delisi, Wick & Vuono, Pittsburgh, Pa., on the brief; Jack B. Josselson, Schmidt, Effron, Josselson & Weber, Cincinnati, Ohio, of counsel), for respondent.

Before O'SULLIVAN, Circuit Judge, MAGRUDER, Senior Circuit Judge, and LEVIN, District Judge.

LEVIN, District Judge.

This matter is before the court upon the petition of the National Labor Relations Board for enforcement of its order of February 13, 1963, against respondent, Zimnox Coal Company, issued pursuant to unfair labor practice proceedings under Section 10 of the National Labor Relations Act, 29 U.S.C. § 151 et seq. The Board's decision and order are reported at 140 N.L.R.B. 1229 (1963).

The respondent urges that the Board was estopped...

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