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N. L. R. B. v. AMERICAN CABLE SYSTEMS, INC.

No. 25358.

427 F.2d 446 (1970)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. AMERICAN CABLE SYSTEMS, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied and Rehearing Denied June 23, 1970.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N. L. R. B., Peter Ames Eveleth, Washington, D. C., for petitioner.

Robert Wachs, Philadelphia, Pa., Wm. A. McHugh, Jr., Atlanta, Ga., Kane & Koons, Washington, D. C., for respondent.

Before GOLDBERG and AINSWORTH, Circuit Judges, and SPEARS, District Judge.

Rehearing Denied and Rehearing En Banc Denied June 23, 1970.

GOLDBERG, Circuit Judge.

In the first act of what we trust will be only a two-act play and not a drama of Shakespearian proportions, we remanded this case to the National Labor Relations Board for additional findings in light of NLRB v. Gissel Packing Co., 1969, 395 U.S. 575, 89 S.Ct. 1918, 23 L. Ed.2d 547. In remanding we said:

"Under the Gissel holding...

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