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N.L.R.B. v. TOMMY'S SPANISH FOODS, INC.

No. 71-2101.

463 F.2d 116 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. TOMMY'S SPANISH FOODS, INC., Respondent.

United States Court of Appeals, Ninth Circuit.

June 27, 1972.

Attorney(s) appearing for the Case

Arthur Fox (argued), Eugene B. Granof, Atty., Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Peter G. Nash, Gen. Counsel, Washington, D.C., for appellee.

A. Patrick Nagel (argued), of Nagel, Regan & Davidson, Santa Ana, Cal., Charles M. Arak, Los Angeles, Cal., for appellant.

Before CHAMBERS and CHOY, Circuit Judges, and CURTIS, District Judge.

CURTIS, District Judge:

Petitioner seeks enforcement of a cease and desist order directed to respondent employer, based upon an alleged violation of § 8(a)(1) of the National Labor Relations Act [29 U.S.C. § 158(a) (1)]. This court has jurisdiction under § 10(e) of the Act [29 U.S.C. § 160(e)].

Petitioner asserts, and the trial examiner found, that pending a representation election held at the request of the union, Katherine Manville, the...

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