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UNITED AIRCRAFT CORPORATION v. McCULLOCH

No. 20163.

365 F.2d 960 (1966)

UNITED AIRCRAFT CORPORATION, Appellant, v. Frank W. McCULLOCH, Chairman, et al., members constituting the National Labor Relations Board, et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 21, 1966.

Attorney(s) appearing for the Case

Mr. Joseph C. Wells, Washington, D. C., for appellant.

Mr. Glen M. Bendixsen, Attorney, National Labor Relations Board, of the bar of the Supreme Court of California, pro hac vice, by special leave of court, with whom Messrs. Arnold Ordman, General Counsel, Dominick L. Manoli, Associate General Counsel, Marcel Mallet-Prevost, Assistant General Counsel, and Warren M. Laddon, Attorney, National Labor Relations Board, were on the brief, for appellee, McCulloch, et al.

Mr. Mozart G. Ratner, Washington, D. C., with whom Mr. Plato E. Papps, Washington, D. C., was on the brief, for appellees, Local Lodges Nos. 743 and 1746, International Association of Machinists, AFL-CIO.

Before BASTIAN, Senior Circuit Judge, and WRIGHT and LEVENTHAL, Circuit Judges.

BASTIAN, Senior Circuit Judge:

This is an appeal from an order of the District Court (1) denying appellant's motion for preliminary injunction to restrain the members of the National Labor Relations Board in their conduct of an unfair labor practice case (which is still pending before the Board), and (2) granting the motion of appellees (Board) for summary judgment for lack of jurisdiction over the subject matter of the action...

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