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M & S STEEL COMPANY v. NATIONAL LABOR RELATIONS BOARD

No. 21898.

353 F.2d 80 (1965)

M & S STEEL COMPANY, Inc., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

November 16, 1965.

Attorney(s) appearing for the Case

W. M. Beck, Sr., Beck & Beck, Fort Payne, Ala., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Michael R. Brown, Atty., N.L.R.B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Elliott Moore, Atty., N.L.R.B., Washington, D. C., for respondent.

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

PER CURIAM:

In this case, M & S Steel Company, Incorporated filed its petition to review and set aside an order of the National Labor Relations Board, 29 U.S.C.A. § 151 et seq., (§ 10(f) of the Act). In answer the Board has requested enforcement of its order.

The Board concluded that the company violated § 8(a) (1) of the Act by (1) promulgating a rule which prohibited its employees from distributing union literature

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