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TYLER PIPE INDUSTRIES, INC. v. N. L. R. B.

No. 29123.

447 F.2d 1136 (1971)

TYLER PIPE INDUSTRIES, INC., Petitioner, Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent, Cross-Petitioner.

United States Court of Appeals, Fifth Circuit.

June 1, 1971.

Attorney(s) appearing for the Case

Glenn L. Greene, Jr., W. Reynolds Allen, Jesse S. Hogg, Miami, Fla., George E. Seay, Robert G. Mebus, Seay, Gwinn & Crawford, Dallas, Tex., Greene, Hogg & Allen, Miami, Fla., for petitioner.

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., Elmer P. Davis, Director, Region 16, N. L.R.B., Fort Worth, Tex., Janet S. Morris, Atty., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Elliott Moore, Atty., N.L.R.B., Washington, D. C., for respondent.

Before O'SULLIVAN, Senior Circuit Judge, and THORNBERRY and DYER, Circuit Judges.

O'SULLIVAN, Senior Circuit Judge:

Tyler Pipe Industries of Swan, Texas, seeks vacation, and respondent National Labor Relations Board asks enforcement, of a Supplemental Order and Decision of the Board, issued January 23, 1970. This Order, reported at 180 NLRB No. 136, required Tyler Pipe to recognize and bargain with the International Molders and Allied Workers Union, AFL-CIO. The controlling issue was whether a representation election, held on August 5, 1965, and...

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