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NEWS-JOURNAL COMPANY v. NATIONAL LABOR RELATIONS BOARD

No. 19252.

447 F.2d 65 (1971)

The NEWS-JOURNAL COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Third Circuit.

Decided July 12, 1971.

Attorney(s) appearing for the Case

Arthur B. Hanson, Hanson, O'Brien, Birney & Stickle, Washington, D. C. (Ralph N. Albright, Jr., Washington, D. C., on the brief), for petitioner.

Ronald Tish, N. L. R. B. Washington, D. C., (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, William F. Wachter, Atty., N. L. R. B., on the brief), for respondent.

Before STALEY and ADAMS, Circuit Judges, and GARTH, District Judge.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The question in this case is whether the record before us clearly precludes the decision of the National Labor Relations Board that the truck-driver deliverymen of the News-Journal Company are employees rather than independent contractors.1

We approach the problem with the realization that we are not to function as a "judicial echo" for the conclusions of the NLRB,

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