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SURRATT v. N.L.R.B.

No. 71-2815.

463 F.2d 378 (1972)

Algie V. SURRATT et al., Plaintiffs-Appellees, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

June 20, 1972.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, N.L.R.B., Washington, D. C., William J. Rains, Regional Atty., Region 10, N.L.R.B., Atlanta, Ga., Glen M. Bendixsen, Chief, Special Litigation, N.L.R.B., Washington, D. C., Peter G. Nash, Gen. Counsel, Herbert Fishgold, Atty., N.L.R.B., for defendant-appellant.

C. V. Stelzenmuller, Gilbert E. Johnston, Birmingham, Ala., J. Leon Adair, Atlanta, Ga., Algie V. Surratt, Birmingham, Ala., for plaintiffs-appellees; Thomas, Taliaferro, Forman, Burr & Murray, Birmingham, Ala., of counsel.

Before GEWIN, COLEMAN and INGRAHAM, Circuit Judges.

COLEMAN, Circuit Judge:

In our opinion the disposition of this appeal is controlled by the principles enunciated in Templeton v. Dixie Color Printing Company, 5 Cir., 1971, 444 F.2d 1064. The opinion in that case was authored by Mr. Justice Clark (retired), sitting by designation as a Judge of this Court. There was a petition for rehearing en banc. Upon a poll of all Judges of this Court, the petition for rehearing was denied, 444...

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