National Labor Relations Board, Petitioner, v. the Cooper Company, Inc., Respondent, 179 F.2d 241 (5th Cir. 1950)

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US Court of Appeals for the Fifth Circuit - 179 F.2d 241 (5th Cir. 1950) January 19, 1950

Petition for Enforcement of an Order of the National Labor Relations Board sitting at Washington, D. C. (On Motion of the National Labor Relations Board for the Summary Entry of a Decree Upon the Transcript of the Record.)

A. Norman Somers, Asst. Gen. Counsel, David P. Findling, Assoc. Gen. Counsel, Nat. Labor Relations Bd., Washington, D. C., for petitioner.

Wm. E. Terrell, Waco, Tex., for respondent.

Before HUTCHESON, Chief Judge, and HOLMES and McCORD, Circuit Judges.

PER CURIAM.


Petitioner's motion is granted. N. L. R. B. v. Hill Bros. Co., 5 Cir., 161 F.2d 179; N. L. R. B. v. Davis, 5 Cir., 172 F.2d 225.

The opinions and orders in N. L. R. B. v. Pool Mfg. Co.1  and N. L. R. B. v. Mexia Textile Mills, Inc.2  were not intended to be, they were not, departures from the rule of those cases. Indeed, nothing was decided there. The court, expressly deferring decision, merely referred the matter back to the Board for its assistance in furnishing further information and for its recommendations or requests in the light of such further information.

 1

5th Circuit, May 13, 1949. [No opinion for publication.]

 2

5th Circuit, June 3, 1949. [No opinion for publication.]

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