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N. L. R. B. v. DALTON SHEET METAL COMPANY, INC.

No. 72-1320.

472 F.2d 257 (1973)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DALTON SHEET METAL COMPANY, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

January 30, 1973.

Attorney(s) appearing for the Case

Marcel Mallet-Prevost, Asst. Gen. Counsel, Washington, D. C., Walter C. Phillips, Robert C. McDonald, Atlanta, Ga., for petitioner.

Robert L. Thompson, Lovic A. Brooks, Jr., Atlanta, Ga., for respondent.

Before TUTTLE, BELL and AINSWORTH, Circuit Judges.

AINSWORTH, Circuit Judge:

This suit was filed by National Labor Relations Board under section 10(e) of the National Labor Relations Act (29 U.S.C. § 151 et seq.) to enforce its order against Dalton Sheet Metal Company, Inc. for violation of sections 8(a)(5) and (1) of the Act in refusing to bargain with the Union (Sheet Metal Workers Local No. 185).

The violation proceedings grew out of a representation election which was won by the Union on a tally of...

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