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SEARS, ROEBUCK & CO. v. CARPET, ETC., LOCAL UNION NO. 419

No. 6-69.

410 F.2d 1148 (1969)

SEARS, ROEBUCK AND CO., Charging Party and Complainant before the National Labor Relations Board, Appellant, v. CARPET, LINOLEUM, SOFT TILE AND RESILIENT FLOOR COVERING LAYERS, LOCAL UNION NO. 419, AFL-CIO, Respondent-Appellee, Clyde F. Waers, Regional Director of the Twenty-Seventh Region of the National Labor Relations Board, for and on behalf of the National Labor Relations Board, Petitioner-Appellee.

United States Court of Appeals Tenth Circuit.

May 15, 1969.

Attorney(s) appearing for the Case

Gerard C. Smetana, Chicago, Ill. (Donald L. Giacomini, Denver, Colo., and Kalvin M. Grove, Chicago, Ill., on the brief), for appellant.

Philip Hornbein, Jr., Denver, Colo., for respondent-appellee.

Julius G. Serot, Asst. Gen. Counsel, Washington, D. C. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, and Marvin Roth, Atty., Washington, D. C., on the brief), for petitioner-appellee.

Before MURRAH, Chief Judge, and LEWIS and HILL, Circuit Judges.

HILL, Circuit Judge.

This is an appeal by Sears, Roebuck and Company, the charging party and complainant before the N.L.R.B., from an order of the district court dismissing the petition of the Regional Director for a preliminary injunction under section 10(l) of the National Labor Relations Act, as amended, 29 U.S.C. § 160(l). The Regional Director did not appeal from the denial of the injunction and asserts that consequently this court does not...

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