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HOME TOWN FOODS, INC. v. N. L. R. B.

No. 26487.

416 F.2d 392 (1969)

HOME TOWN FOODS, INC., d/b/a Foremost Dairies of the South, Petitioner-Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross-Petitioner.

United States Court of Appeals Fifth Circuit.

Rehearing Denied and Rehearing Denied October 1, 1969.

Attorney(s) appearing for the Case

William F. Ford, John Bacheller, Jr., William W. Alexander, Jr., Fisher & Phillips, Atlanta, Ga., for petitioner-cross-respondent.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Walter C. Phillips, Director, 10th Region, Atlanta, Ga., Glen M. Bendixsen, Atty., N.L.R.B., Washington, D. C., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Ian D. Lanoff, Atty., N. L.R.B., for respondent-cross-petitioner.

Before RIVES, BELL and DYER, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied October 1, 1969.

RIVES, Circuit Judge:

This representation election "test case"1 is before us for the second time. See Home Town Foods, Inc. v. NLRB, 5 Cir. 1967, 379 F.2d 241, denying enforcement and remanding for an evidentiary hearing 160 NLRB 8 (1966). Home Town Foods petitions this Court...

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