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NATIONAL ASS'N OF WOMEN'S & C. APPAR. SALES., INC. v. N. L. R. B.

No. 71-1185.

465 F.2d 662 (1972)

NATIONAL ASSOCIATION OF WOMEN'S AND CHILDREN'S APPAREL SALESMEN, INC., v. NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, District of Columbia Circuit.

Decided July 5, 1972.

Attorney(s) appearing for the Case

Mr. Herbert A. Levy, Washington, D. C., with whom Mr. Angelo V. Arcadipane, Washington, D. C., was on the brief, for appellant.

Mr. Stephen J. Solomon, Atty. N. L. R. B., of the bar of the Court of Appeals of New York, pro hac vice, by special leave of Court, with whom Messrs. Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Glen M. Bendixsen, Chief of Special Litigation, and Charles N. Steele, Atty. N. L. R. B., were on the brief, for appellee.

Before Mr. Justice CLARK of the Supreme Court of the United States, and TAMM and WILKEY, Circuit Judges.

Mr. Justice CLARK:

This is a representation case which was dismissed by the United States District Court for lack of jurisdiction of the subject matter. The National Association of Women's and Children's Apparel Salesmen, Inc. [NAWCAS] and District 65, Retail, Wholesale and Department Store Union, AFL-CIO [GUILD] complained that the National Labor Relations Board had deprived them of due process of law in violation of the Fifth Amendment in its consideration of the...

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