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N. L. R. B. v. CLEMENT BROTHERS COMPANY

No. 25319.

407 F.2d 1027 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CLEMENT BROTHERS COMPANY, Inc. and United Mine Workers of America, Respondents.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 17, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, John I. Taylor, Michael N. Sohn, Linda Sher, Attys., N. L. R. B., Washington, D. C., for petitioner.

Harry L. Griffin, Jr., Overton A. Currie, William T. Wood, Smith, Currie & Hancock, Atlanta, Ga., for Clement Brothers Co., Inc., Mark G. Kaplan, Boston, Mass., Angoff, Goldman, Manning & Pyle, Boston, Mass., for International Union of District 50, United Mine Workers of America.

Before WISDOM and AINSWORTH, Circuit Judges, and JOHNSON, District Judge.

JOHNSON, District Judge:

The NLRB petitions for enforcement of its order, reported at 165 NLRB No. 87, issued against Clement Brothers Company, Inc. (Company) and International Union of District 50, United Mine Workers of America (District 50) on June 21, 1967. The Board found that the Company violated Sections 8(a) (1), (2) and (3) of the National Labor Relations Act1 (the Act) by rendering unlawful assistance to District 50 during a...

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