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UNITED STATES v. FEASTER

No. 26019.

410 F.2d 1354 (1969)

UNITED STATES of America and Warren S. Lane, as Mediator, National Mediation Board, Appellants, v. Houston H. FEASTER, individually and as Director, Alabama State Docks Department, and the State of Alabama, Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied June 10, 1969.

Attorney(s) appearing for the Case

Edwin L. Weisl, Jr., Asst. Atty. Gen., Vernol R. Jansen, U. S. Atty., Mobile, Ala., John C. Eldridge, Stephen R. Felson, Attys., Dept. of Justice, Washington, D. C., for appellants.

MacDonald Gallion, Atty. Gen., of Alabama, Montgomery, Ala., Willis C. Darby, Jr., Mobile, Ala., for appellees.

Before GOLDBERG and AINSWORTH, Circuit Judges, and SPEARS, District Judge.

GOLDBERG, Circuit Judge:

We seek once again to resolve a ten year old controversy thrice here.1 The controversy on the merits is whether the National Mediation Board has the statutory authority to resolve a representation dispute among certain employees of the Alabama State Docks Department at Mobile, Alabama. There is, however, a preliminary issue which we find to be dispositive of this appeal; whether the district court had jurisdiction...

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