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N. L. R. B. v. DEATON, INC.

No. 73-3084.

502 F.2d 1221 (1974)

NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DEATON, INC., Respondent.

United States Court of Appeals, Fifth Circuit.

As Corrected On Rehearing and Rehearing Denied January 15, 1975.

Attorney(s) appearing for the Case

Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., Walter C. Phillips, Director, Region 10, N. L. R. B., Atlanta, Ga., William R. Stewart, Washington, D. C., for petitioner.

Mark Taliaferro, Sr., Mark Taliaferro, Jr., C. V. Stelzenmuller, Birmingham, Ala., for respondent.

Before BROWN, Chief Judge, and GODBOLD and RONEY, Circuit Judges.

As Corrected On Rehearing and Rehearing En Banc Denied January 15, 1975.

GODBOLD, Circuit Judge:

This National Labor Relations Board refusal to bargain case requires us to examine the validity of a 1971 representation proceeding order designating a bargaining unit of employees of Deaton, Inc., an irregular route interstate common carrier.1 The heart of the case is the question of whether drivers of trucks owned by others and leased...

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