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CONCRETE MATERIALS OF GEORGIA, INC. v. N. L. R. B.

Nos. 29559, 29606.

440 F.2d 61 (1971)

CONCRETE MATERIALS OF GEORGIA, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD et al., Respondents. NATIONAL LABOR RELATIONS BOARD, Petitioner, v. INTERNATIONAL UNION OF OPERATING ENGINEERS, LOCAL 465, AFL-CIO, and Laborers' International Union of North America, AFL-CIO, Local 884, Respondent.

United States Court of Appeals, Fifth Circuit.

March 17, 1971.

Attorney(s) appearing for the Case

Robert A. Gwinn, Robert G. Mebus, Dallas, Tex., for petitioner Concrete Materials of Georgia, Inc.

Joseph Jacobs, Atlanta, Ga., for International Union etc.

Marcel Mallet-Prevost, Asst. Gen. Counsel, Warren M. Davison, Atty., N.L. R.B., Washington, D.C., Walter C. Phillips, Regional Director, N.L.R.B., 10th Region, Atlanta, Ga., for National Labor Relations Board.

Before RIVES, GOLDBERG and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This matter arises out of a petition brought by Concrete Materials of Georgia, Inc. (hereafter, the Company) to review and set aside an order of the National Labor Relations Board (hereafter, the Board) and a petition to enforce the same order brought by the Board, which were consolidated by order of this court on May 18, 1970. The single issue presented is whether the charging party in an unfair labor practice proceeding is entitled...

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