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HERALD COMPANY v. VINCENT

No. 336, Docket 31999.

392 F.2d 354 (1968)

The HERALD COMPANY, Plaintiff-Appellant, v. Merle D. VINCENT, Jr., Regional Director, Region 3, of the National Labor Relations Board and John H. Fanning, Gerald A. Brown, Howard Jenkins, Jr. and Sam Zagoria, constituting the National Labor Relations Board, Defendants-Appellees.

United States Court of Appeals Second Circuit.

Decided March 22, 1968.

Attorney(s) appearing for the Case

Tracy H. Ferguson, Syracuse, N. Y. (Bond, Schoeneck & King, Charles T. Beeching, Jr., Syracuse, N. Y., on the brief), for plaintiff-appellant.

Robert M. Lieber, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Solomon I. Hirsh, Atty., N. L. R. B., on the brief), for defendants-appellees.

Before WATERMAN and FEINBERG, Circuit Judges, and BARTELS, District Judge.

FEINBERG, Circuit Judge:

This case is an attempt by an employer to obtain district court review of the conduct of a representation proceeding by the National Labor Relations Board. Plaintiff The Herald Company appeals from the dismissal of its complaint and denial of its motion for a preliminary injunction by the United States District Court for the Northern District of New York, Stephen W. Brennan, J. Plaintiff's action is against the Board and its Regional Director...

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