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NATIONAL LABOR RELATIONS BOARD v. AMERICAN STORES PACKING CO.

No. 7702.

351 F.2d 308 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICAN STORES PACKING CO., Acme Markets, Inc., Respondents.

United States Court of Appeals Tenth Circuit.

September 16, 1965.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., for petitioner.

Dawson, Nagel, Sherman & Howard, Denver, Colo., Blank, Rudenko, Klaus & Rome, Philadelphia, Pa., for respondent.

Before MURRAH, Chief Judge, and PICKETT, LEWIS, BREITENSTEIN, HILL and SETH, Circuit Judges.

PER CURIAM.

On Petition for Rehearing it is ordered that the opinion heretofore filed in this case is withdrawn and the case is remanded to the National Labor Relations Board for reconsideration by that Board in the light of American Ship Building Company v. National Labor Relations Board, 380 U.S. 300, 85 S.Ct. 955, 13 L.Ed.2d 855.

MURRAH, Chief Judge (dissenting).

Being of the view that the case is clearly distinguishable...

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