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N. L. R. B. v. GENESCO, INC.

No. 25592.

406 F.2d 393 (1969)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GENESCO, INC., Respondent.

United States Court of Appeals Fifth Circuit.

January 7, 1969.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Frank H. Itkin, Lawrence J. Sherman, Atty., NLRB, Washington, D. C., for petitioner.

Madeline Balk, New York City, Thomas J. Tubb, Tubb & Stevens West Point, Miss., Seligman & Seligman, New York City, for respondent; Alan D. Eisenberg, New York City, on brief.

Before DYER and SIMPSON, Circuit Judges, and CABOT, Judge.

DYER, Circuit Judge:

The issue which we are called upon to resolve is whether the Board deprived an employer of due process in refusing to hold a formal hearing on the company's objections to the representation election won by the union, based upon alleged misrepresentations and improper conduct by the union. It comes to us in the cumbersome context of a violation of sections 8(a) (1) and (5) of the National Labor Relations Act,1 on a...

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