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McELRATH POULTRY COMPANY, INC. v. NATIONAL LABOR RELATIONS BOARD

No. 73-3430 Summary Calendar.

494 F.2d 518 (1974)

McELRATH POULTRY COMPANY, INC., Petitioner-Cross Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent-Cross Petitioner.

United States Court of Appeals, Fifth Circuit.

May 23, 1974.

Attorney(s) appearing for the Case

J. Roy Weathersby, William B. Paul, Atlanta, Ga., for petitioner.

Elliott Moore, Asst. Gen. Counsel, N. L. R. B., Washington, D. C., Walter C. Phillips, Reg. Director, N. L. R. B., Region 10, Atlanta, Ga., for respondent.

Before WISDOM, GOLDBERG and GEE, Circuit Judges.

PER CURIAM:

In this enforcement proceeding, with cross-petition for review, the NLRB acknowledges ". . . that disposition of the jurisdictional issue in the present case is controlled by this Court's decision in Abbott Farms, Inc. v. N. L. R. B., 487 F.2d 904 (1973), in which, on similar facts, this Court found that the Board's bargaining order was not entitled to enforcement because the employees in the certified unit were agricultural...

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