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HOME TOWN FOODS, INC. v. N. L. R. B.

No. 23912.

379 F.2d 241 (1967)

HOME TOWN FOODS, INC. d/b/a Foremost Dairies of the South, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Fifth Circuit.

June 26, 1967.

Attorney(s) appearing for the Case

John Bacheller, Jr., Fisher & Phillips, Atlanta, Ga., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Robert S. Hillman, Atty., N. L. R. B., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Glen M. Bendixsen, Atty., N. L. R. B., Washington, D. C., for respondent.

Before COLEMAN and AINSWORTH, Circuit Judges, and CARSWELL, District Judge.

COLEMAN, Circuit Judge.

Home Town Foods, Inc., seeks review of an NLRB order, asking that the order be set aside or, alternatively, that the case be remanded for a hearing. The Board cross petitions for enforcement. In the existing status of the case we deny enforcement and remand for a hearing.

Home Town Foods, doing business as Foremost Dairies of the South, manufactures ice cream at its Sylacauga, Alabama, plant. On April 8, 1965, the union filed a petition...

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