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N.L.R.B. v. GOOCH PACKING COMPANY

No. 71-2446.

457 F.2d 361 (1972)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. GOOCH PACKING COMPANY, Inc., and Gooch Blue Ribbon Meats, a Division of Gooch Packing Company, Respondents.

United States Court of Appeals, Fifth Circuit.

March 17, 1972.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D.C., Elmer P. Davis, Regional Director, N.L.R.B., Douglas S. McDowell, Atty., N.L.R.B., Fort Worth, Tex., for petitioner.

Joseph P. Parker, Fort Worth, Tex., for respondents.

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

That oft recurring question recurs once again. Should the Board have accorded the Company a post-election hearing? N.L.R.B. v. Singleton Packing Corp., 418 F.2d 275, 280 (5th Cir.1969). Finding that an affirmative answer may be required here, we deny enforcement of the Board's order and remand for a determination of fact that will control whether a hearing will be required.

The Board conducted an election at the...

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