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N. L. R. B. v. S. S. LOGAN PACKING COMPANY

No. 10355.

386 F.2d 562 (1967)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. S. S. LOGAN PACKING COMPANY, Respondent.

United States Court of Appeals Fourth Circuit.

Decided October 27, 1967.

Attorney(s) appearing for the Case

Peter Ames Eveleth, Atty., N. L. R. B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel and Elliott Moore, Atty., N. L. R. B., on brief), for petitioner.

C. Robert Schaub and John E. Jenkins, Jr., Huntington, W. Va. (Jenkins, Schaub & Fenstermaker, Huntington, W. Va., on brief), for respondent.

Before HAYNSWORTH, Chief Judge, and BOREMAN and J. SPENCER BELL, Circuit Judges.

HAYNSWORTH, Chief Judge:

Resolving the principal question presented, we decline enforcement of an order of the National Labor Relations Board requiring an employer to bargain with a union, for neither the finding that the union represented a majority of the employees, nor the finding that the employer had no good faith doubt of it has evidentiary support in the record. The order will be enforced insofar as it proscribes unlawful interrogation of employees and surveillance...

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