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WATERWAY TERMINALS COMPANY v. N. L. R. B.

No. 26630.

467 F.2d 1011 (1972)

WATERWAY TERMINALS COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied November 28, 1972.

Attorney(s) appearing for the Case

James H. Clarke (argued), of McColloch, Dezendorf, Spears & Lubersky, Portland, Or., for petitioner.

Elliot Moore, Atty. (argued), Stanley R. Zirkin, Atty., Glen M. Bendixsen, Chief of Special Litigation, Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, NLRB, Washington, D.C., Robert J. Weiner, Officer in Charge, NLRB, Portland, Or., Charles M. Henderson, Director, NLRB, Seattle, Wash., Richard Carney, of Carney, Haley, Probst & Levak, Pozzi, Wilson & Atchison, Herndon & Ofelt, Portland, Or., for respondent.

Before DUNIWAY and TRASK, Circuit Judges, and FERGUSON, District Judge.

TRASK, Circuit Judge:

This case comes before the court on the petition of Waterway Terminals Company (Waterway) to review a decision and order quashing notice of hearing issued by the National Labor Relations Board on August 27, 1970, at the conclusion of a hearing under Section 10(k) of the National Labor Relations Act, as amended (29 U.S.C. § 160(k)). The Board's Decision and Order quashing the notice of hearing is reported at 185 N.L.R.B. 35 (1970). If thereafter...

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