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N. L. R. B. v. ALLIED FOOD DISTRIBUTORS, INC.

No. 27305.

421 F.2d 188 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. ALLIED FOOD DISTRIBUTORS, INC., and/or Fabro, Incorporated, and/or International Meat Processors, Inc., Respondents.

United States Court of Appeals Fifth Circuit.

Rehearing Denied February 4, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Walter C. Phillips, Director, Region 10, Atlanta, Ga., Hans J. Lehmann, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Allison W. Brown, Jr., Attys., National Labor Relations Board, Washington, D. C., for petitioner.

William M. Pate, Mitchell, Clarke, Pate & Anderson, Atlanta, Ga., for respondents.

Before TUTTLE, COLEMAN and SIMPSON, Circuit Judges.

PER CURIAM:

This application for enforcement of an order of the National Labor Relations Board presents us with no substantial issue of facts, nor is there any disagreement with respect to the basic law which relates to the rule prohibiting an employer from recognizing or contracting with one of two or more rival unions claiming representative status at a time when there are conflicting claims raising a real question of representation.1

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