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INTERNATIONAL ASS'N OF MACHINISTS, ETC. v. LUBBERS

No. 80-4331.

681 F.2d 598 (1982)

INTERNATIONAL ASSOCIATION OF MACHINISTS AND AEROSPACE WORKERS, AFL-CIO, v. William A. LUBBERS, General Counsel of the National Labor Relations Board, James S. Scott, Regional Director, Region 32 of the National Labor Relations Board, John H. Fanning, Chairman, and Members Howard Jenkins, John A. Pennello and John C. Truesdale, Individually and as Chairman and Members of the NLRB, Norton J. Come, Dean H. Francis and Betty J. Murphy, Individually, Defendants-Appellees, and Lockheed Missiles & Space Company, Inc., Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided July 13, 1982.

Attorney(s) appearing for the Case

J. F. Henning, Jr., Henning, Walsh & Ritchie, San Francisco, Cal., for Intern. Ass'n of Machinists and Aerospace Workers, AFL-CIO.

Ralph A. Hurvitz, Sunnyvale, Cal., for Lockheed Missiles & Space, Co., Inc.

John D. Burgoyne, Washington, D. C., B. Scott Silverman, San Francisco, Cal., argued for defendants-appellees; Michael Stein, Washington, D. C., Morrison & Forerster, San Francisco, Cal., on brief.

Before TRASK, SNEED and TANG, Circuit Judges.

TRASK, Circuit Judge:

Appellant International Association of Machinists and Aerospace Workers (hereinafter the International) brought an action for declaratory and injunctive relief against appellee, the General Counsel of the National Labor Relations Board (NLRB), seeking review of his decision to withdraw a previously issued complaint and dismiss appellant's unfair labor practice charge. The district court dismissed the action for lack of subject matter jurisdiction...

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