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N. L. R. B. v. HOUSTON MARITIME ASSOCIATION

No. 27469.

426 F.2d 584 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. HOUSTON MARITIME ASSOCIATION, Inc., and its Member Companies, and Local 1351, Steamship Clerks and Checkers International Longshoremen's Association, AFL-CIO, Respondents.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied July 20, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. General Counsel, N.L.R.B., Washington, D. C., Clifford Potter, Director, Region 23, N. L.R.B., Houston, Tex., Nancy M. Sherman, Atty., N.L.R.B., Washington, D. C., for petitioner.

Robert Eikel, Theodore Goller, William F. Walsh, John D. Roady, Houston, Tex., for respondents.

Before RIVES, GOLDBERG and GODBOLD, Circuit Judges.

Rehearing Denied and Rehearing En Banc Denied July 20, 1970.

GOLDBERG, Circuit Judge:

In this appeal we decline a most intriguing invitation to determine whether racial discrimination practiced by a union against a non-union member is an unfair labor practice. Our declination is necessitated by our finding that no acts of racial discrimination occurred within the time period allowed by the National Labor Relations Act for bringing unfair labor practice charges...

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