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MAY DEPARTMENT STORES COMPANY v. N. L. R. B.

No. 26790.

454 F.2d 148 (1972)

The MAY DEPARTMENT STORES COMPANY, Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied March 20, 1972.

Attorney(s) appearing for the Case

David A. Maddux, Los Angeles, Cal. (argued), George R. Richter, Jr., of Sheppard, Mullin, Richter & Hampton, Los Angeles, Cal., for appellant.

William F. Wachter (argued), Daniel M. Katz, Peter G. Nash, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C.; Ralph E. Kennedy, Reg. Director, NLRB; Brundage, Neyhart, Miller, Ross & Reich, Los Angeles, Cal., for appellee.

Harry L. Browne, Howard F. Sachs, Spencer, Fane, Britt & Browne, American Retail Federation, Kansas City, Mo., amicus curiae.

Before WRIGHT and TRASK, Circuit Judges, and BYRNE, District Judge.

EUGENE A. WRIGHT, Circuit Judge:

This case is before us on petition to review and cross-application for enforcement of an order of the National Labor Relations Board. This court has jurisdiction under Section 10(e) and (f) of the National Labor Relations Act, 29 U.S.C. § 151, et seq.

The board ordered an election among the employees at a service facility owned by the May Company in Los Angeles. At issue is the appropriateness of the bargaining unit certified...

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