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N.L.R.B. v. KELLY BROTHERS NURSERIES, INC.

No. 206, Docket 29055.

341 F.2d 433 (1965)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. KELLY BROTHERS NURSERIES, INC., Respondent.

United States Court of Appeals Second Circuit.

Decided February 5, 1965.

Attorney(s) appearing for the Case

James L. Burke, Elmira, N. Y., for Kelly Brothers Nurseries.

Allison W. Brown, Jr., Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Michael N. Sohn, Washington, D. C., Atty.), for National Labor Relations Board.

Before FRIENDLY and SMITH, Circuit Judges, and BLUMENFELD, District Judge.

FRIENDLY, Circuit Judge:

The National Labor Relations Board seeks enforcement of an order, 145 N.L. R.B. No. 63 (1963), see also 140 N.L.R. B. 82 (1962), which found a nurseryman guilty of a refusal to bargain and other unfair labor practices toward a union seeking to organize his employees and toward such employees. The employer's objection relates solely to 47 employees contended to be exempt as agricultural laborers.

From its enactment in 1935, 49 Stat...

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