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N. L. R. B. v. MATERIALS TRANSPORTATION COMPANY

No. 26862.

412 F.2d 1074 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MATERIALS TRANSPORTATION COMPANY, and Cement Trucking Company, Respondents.

United States Court of Appeals Fifth Circuit.

July 7, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Nancy M. Sherman, Mitchell L. Strickler, Attys., N.L.R.B., Washington, D.C., Clifford Potter, Director, Region 23, N.L.R.B., Houston, Tex., for petitioner.

L. G. Clinton, Jr., Fulbright, Crooker, Freeman, Bates, & Jaworski, Kenneth R. Carr, Houston, Tex., Scott Toothaker, Ewers, Toothaker, Ewers, Abbott & Evins, McAllen, Tex., for respondents.

Before WISDOM and DYER, Circuit Judges, and KRENTZMAN, District Judge.

DYER, Circuit Judge:

This case is before us upon the petition of the National Labor Relations Board for enforcement of its order.1 The Board found that the Company had violated Section 8(a) (1) and 8(a) (3) and (1) of the Act.

The Company is a trucking firm which hauls bulk and sack cement for its sole customer, Centex Cement Corporation.2 In early 1966 the Company's volume of business began to decrease...

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