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N. L. R. B. v. L. B. FOSTER COMPANY

No. 23121.

418 F.2d 1 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. L. B. FOSTER COMPANY, Respondent.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 2, 1969.

Attorney(s) appearing for the Case

Frank H. Itkin (argued), Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Robert E. Williams, Atty., Washington, D. C., for petitioner.

Thomas R. Beech (argued), and Louis Paine, Jr., Houston, Tex., Butler, Binion, Rice, Cook & Knapp, Houston, Tex., Brundage & Hackler, Los Angeles, Cal., of counsel, for respondent.

Before BARNES, DUNIWAY and ELY, Circuit Judges.

DUNIWAY, Circuit Judge:

The National Labor Relations Board petitions for enforcement of its order directing that the respondent employer cease and desist from interfering with its employees' rights under section 7 of the National Labor Relations Act, 29 U. S.C. § 157, setting aside a representation election held in December, 1966, which the Teamsters Union lost, and directing the employer to bargain with that union. For reasons that follow, we conclude that the...

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