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N.L.R.B. v. OVERLAND HAULING, INC.

No. 71-1459.

461 F.2d 944 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. OVERLAND HAULING, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

June 12, 1972.

Attorney(s) appearing for the Case

Arnold Ordman, Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, N. L. R. B., Washington, D. C., Harold A. Boire, Director, Region 12, N. L. R. B., Tampa, Fla., Elliott Moore, Atty. N. L. R. B., Washington, D. C., for petitioner.

Frank E. Hamilton, Jr., Tampa, Fla., for intervenor.

Granville M. Alley, Jr., Tampa, Fla., for respondent.

Before JOHN R. BROWN, Chief Judge, and INGRAHAM and RONEY, Circuit Judges.

RONEY, Circuit Judge:

The National Labor Relations Board seeks to enforce its order issued against respondent, Overland Hauling, Inc., on December 14, 1970, to remedy a refusal by the Company to recognize and bargain with Teamsters Local No. 385. Overland takes the position that the Union was improperly certified by the Board and that, therefore, its refusal to bargain was justified. The case is before us in the context of...

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