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NATIONAL LABOR RELATIONS BOARD v. CULINARY ALLIANCE AND HOTEL SERVICE EMPLOYEES UNION LOCAL 402

No. 25348.

436 F.2d 1378 (1971)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. CULINARY ALLIANCE AND HOTEL SERVICE EMPLOYEES UNION LOCAL 402, and the San Diego Civic Facilities Corporation, Respondents.

United States Court of Appeals, Ninth Circuit.

February 12, 1971.

Attorney(s) appearing for the Case

Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Robert A. Giannasi and Julius Rosenbaum, Attys., Julius Rosenbaum (argued), Atty., N. L. R. B., Washington, D. C., Ralph E. Kennedy, Director, N. L. R. B., Los Angeles, Cal., for appellant.

Richard D. Prochazka (argued), of Brundage, Hackler, Williams & Zellman, Gray, Cary, Ames & Frye, David Thompson, San Diego, Cal., for appellees.

Before KOELSCH and ELY, Circuit Judges, and FERGUSON, District Judge.

ORDER OF REMAND ON ISSUE OF MOOTNESS

PER CURIAM:

It appears from the record that after the Board issued its orders the San Diego Civic Facilities Corporation instituted proceedings under the laws of the State of California to dissolve and transfer all its assets to the City of San Diego.

It further appears that the City of San Diego is not an employer within the meaning of Section 2(2) of the National Labor Relations Act.

It further appears...

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