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NEUHOFF BROTHERS, PACKERS, INC. v. N. L. R. B.

No. 22917.

362 F.2d 611 (1966)

NEUHOFF BROTHERS, PACKERS, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

June 17, 1966.

Attorney(s) appearing for the Case

Fritz L. Lyne, Lyne, Blanchette, Smith & Shelton, George C. Dunlap, Dallas, Tex., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, George B. Driesen, Atty., N. L. R. B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Peter Giesey, Atty., N. L. R. B., for respondent.

Before TUTTLE, Chief Judge, RIVES, Circuit Judge, and CHOATE, District Judge.

TUTTLE, Chief Judge:

This is a petition brought by the company to set aside an order of the National Labor Relations Board and a cross-petition by the Board for enforcement. The Board, affirming the trial examiner's decision, found that the company had violated Sections 8(a) (5) and (1) of the Act, by refusing to bargain with a certified union, following representation proceedings which are the subject of attack by the company.

On July 27-28, 1964, a hearing...

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