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BOIRE v. MIAMI HERALD PUBLISHING COMPANY

No. 20982.

343 F.2d 17 (1965)

Harold A. BOIRE, Regional Director, Twelfth Region, National Labor Relations Board, Appellant, v. The MIAMI HERALD PUBLISHING COMPANY, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied April 28, 1965.

Attorney(s) appearing for the Case

Stephen B. Goldberg, Atty., Marcel Mallet-Prevost, Asst. Gen. Counsel, NLRB, Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, for appellant.

D. P. S. Paul, P. D. Thomson, Paul & Sams, Miami, Fla., for appellee.

Before TUTTLE, Chief Judge, JONES and GEWIN, Circuit Judges.

GEWIN, Circuit Judge:

This is an appeal from an order granting the motion of the appellee for a preliminary injunction which restrains the appellant, as Regional Director for the Twelfth Region of the National Labor Relations Board, from counting the ballots cast in a representation election held under Board auspices on July 25, 1962. The question presented is whether the district court properly exercised its equity powers in enjoining the representation proceedings...

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