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NATIONAL LABOR RELATIONS BOARD v. COMMERCE COMPANY

No. 20477.

328 F.2d 600 (1964)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. COMMERCE COMPANY d/b/a Lamar Hotel, Respondent.

United States Court of Appeals Fifth Circuit.

Rehearing Denied March 30, 1964.

Attorney(s) appearing for the Case

Arnold Ordman, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Dominick Manoli, Associate Gen. Counsel, N. L. R. B., Solomon I. Hirsh, Paula Omansky, Attys., N. L. R. B., Washington, D. C., for petitioner.

Charles R. Vickery, Jr., Liddell, Austin, Dawson & Sapp, Houston, Tex., Harley W. McConnell, Houston, Tex., for respondent.

Before HUTCHESON and GRIFFIN B. BELL, Circuit Judges, and BREWSTER, District Judge.

HUTCHESON, Circuit Judge.

This is not at all a run of the mine case. The order of the board was based not on a finding that the failure to bargain, to which the board's order was directed, occurred within the first year of certification, but on the ground that, under the board's decision in Mar-Jac Poultry Co., Inc., 136 NLRB 785, the board had the right, because of respondent's failure to bargain during part of the first year, to extend the year for a period equivalent...

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