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N. L. R. B. v. ZANES EWALT WAREHOUSE, INC.

No. 24162.

384 F.2d 794 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ZANES EWALT WAREHOUSE, INC., Zanes Freight Agency, a Partnership, and Merchants Delivery Service, Inc., Respondents.

United States Court of Appeals Fifth Circuit.

November 6, 1967.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Paul J. Spielberg, Atty., NLRB, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Leon M. Kestenbaum, Atty., NLRB, Washington, D. C., for petitioner.

Fred O. Weldon, David R. Richards, Dallas, Tex., for Dallas General Drivers, Warehousemen and Helpers, Local Union No. 745.

Hugh M. Smith, Schoolfield & Smith, Dallas, Tex., for respondents.

Before BELL, GODBOLD and DYER, Circuit Judges.

GODBOLD, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its order that Zanes Ewalt Warehouse refused to bargain with Dallas General Drivers, Warehousemen & Helpers, Local Union 745, as duly elected and certified bargaining representative. The Company admits refusal to bargain but challenges certification of the Union on the ground the Board erroneously refused to certify results of an earlier election in which its employees rejected...

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