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POTTER v. CASTLE CONSTRUCTION COMPANY

No. 22544.

355 F.2d 212 (1966)

Clifford W. POTTER, Regional Director, Twenty-Third Region, National Labor Relations Board, Appellant, v. CASTLE CONSTRUCTION COMPANY, d/b/a Baker Homes of San Antonio, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 3, 1966.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Michael M. Sohn, Atty., N.L.R.B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Gary Green, Atty., N. L. R. B., for appellant.

James G. Murry, San Antonio, Tex., for appellee.

Before RIVES, WISDOM and GEWIN, Circuit Judges.

RIVES, Circuit Judge:

The district court granted a preliminary injunction to prevent the counting of certain ballots cast in a representation election conducted by the National Labor Relations Board1 pursuant to sections 9 and 3(b) of the National Labor Relations Act, 61 Stat. 136, 73 Stat. 519, 29 U.S. C.A. § 151 et seq. This appeal followed.

On June 25, 1964, the United Stone and Allied Products Workers of America, AFL-CIO...

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