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MODERN PLASTICS CORPORATION v. McCULLOCH

No. 18576.

400 F.2d 14 (1968)

MODERN PLASTICS CORPORATION, Plaintiff-Appellee, v. Frank W. McCULLOCH, John H. Fanning, Howard Jenkins, Jr., Gerald A. Brown, Sam Zagoria, Individually and As Chairman and Members of and Constituting the National Labor Relations Board, and Jerome H. Brooks, Individually and As Regional Director of the Seventh Region of the National Labor Relations Board, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

August 29, 1968.

Attorney(s) appearing for the Case

Solomon I. Hirsh, Atty., N. L. R. B., Washington, D. C., for appellants, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Clarence R. Feldman, Atty. N. L. R. B., Washington, D. C., on brief.

Theophil C. Kammholz, Chicago, Ill., for appellee, Robert C. Claus, Tyree C. Derrick, Jr., Chicago, Ill., on brief, Vedder, Price, Kaufman & Kammholz, Chicago, Ill., Schmidt, Smith, & Howlett, Grand Rapids, Mich., of counsel.

Before PHILLIPS, CELEBREZZE and McCREE, Circuit Judges.

CELEBREZZE, Circuit Judge.

This is a case where the Company, Modern Plastics Corporation, seeks to short-cut the usual route for contesting National Labor Relations Board decisions because the Board allegedly acted in excess of its delegated powers. The Board, after a hearing as required by Section 9(c) of the Act, 29 U.S.C. § 159(c), directed the Regional Director to conduct a representation election among the Company's employees on or before March 7, 1968....

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