GROENDYKE TRANSPORT, INC. v. DAVIS

No. 26812.

406 F.2d 1158 (1969)

GROENDYKE TRANSPORT, INC., Appellee, v. Elmer DAVIS, Regional Director, 16th Region, National Labor Relations Board, Appellant, and Southern Conference of Teamsters, Intervenor.

United States Court of Appeals Fifth Circuit.

January 2, 1969.


Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Elmer P. Davis, Regional Director, N.L.R.B., Fort Worth, Tex., for appellant.

Payne Ratner, Wichita, Kan., Joe H. Tonahill, Jasper, Tex., for appellee.

L. N. D. Wells, Jr., Mullinax, Wells, Mauzy, Levy & Richards, Dallas, Tex., for intervenor, Southern Conference of Teamsters.

Before JOHN R. BROWN, Chief Judge, THORNBERRY, Circuit Judge, and TAYLOR, District Judge.


JOHN R. BROWN, Chief Judge:

This case raises two questions, the first, perhaps more important than the second, concerns the method by which we determine the cause. The second, more traditional, goes to the merits. We conclude that expedited disposition by summary proceedings on briefs but without oral argument is called for and proper. To the merits our answer is reversal of the Trial Court's decree as an unwarranted intrusion into the domain of the Board.

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