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AUBURNDALE FREEZER CORP. v. N. L. R. B.

No. 28522.

434 F.2d 1219 (1970)

AUBURNDALE FREEZER CORP., and Minute Maid Company, Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

December 3, 1970.

Attorney(s) appearing for the Case

Granville M. Alley, Jr., Tampa, Fla., William R. Radford, Miami, Fla., for petitioners.

Bernard Kleiman, Gen. Counsel, Pittsburgh, Pa., Bredhoff, Gottesman & Cohen, Washington D. C., Cooper, Mitch & Crawford, George C. Longshore, Birmingham, Ala., for intervenor United Steelworkers of America, AFL-CIO.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Abigail C. Baskin, Atty., N. L. R. B., Washington, D. C., Harold A. Boire, Director, Region 12, N. L. R. B., Tampa, Fla., for respondent.

Jesse S. Hogg, Miami, Fla., for American Warehousemen's Assn. amicus curiae.

Benjamin Werne, New York City, for Nat'l. Assn. of Refrigerated Warehouses, Inc., amicus curiae.

Before JONES, WISDOM, and COLEMAN, Circuit Judges.

COLEMAN, Circuit Judge:

The issue for decision is whether a labor union by picketing the premises of neutral employers committed a secondary boycott in violation of § 8(b) (4) (i) and (ii) (B) of the National Labor Relations Act, as amended.1

The Hearing Examiner found in the affirmative and recommended the issuance of a cease and desist order. The National Labor Relations Board...

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