Legal Opinion

National Labor Relations Board v. Atlanta Metallic Casket Co.

Court of Appeals for the Fifth Circuit

Decided July 10, 1953No. 14026_1PublishedCited by 8 opinions

1Opinion of the Court

RIVES, Circuit Judge.

This is a petition for enforcement of an order issued against respondent on October 24, 1950. The decision and order of the Board are reported at 91 N.L.R.B. 1225. 1

Respondent has filed a motion to dismiss the Board’s petition for enforcement on the ground that the entire Board proceedings and order were invalid for lack of jurisdiction because the C. I. O., with which the charging Union was affiliated, was not in compliance with Section 9(h) of the Act, 29 U.S.C.A. § 159(h), at the time the Board issued its complaint.

It appears without dispute that the Board’s original…

2Cases cited42 opinions

  1. Missouri, Kansas & Texas Railway Co. v. WulfSupreme Court of the United States · 1913
  2. Fleischmann Construction Co. v. United States Ex Rel. ForsbergSupreme Court of the United States · 1926
  3. United States Ex Rel. Texas Portland Cement Co. v. McCordSupreme Court of the United States · 1914
  4. Illinois Surety Co. v. United States Ex Rel. PeelerSupreme Court of the United States · 1916
  5. National Labor Relations Board v. Indiana & Michigan Electric Co.Supreme Court of the United States · 1943

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3Cited by8 opinions

  1. National Labor Relations Board v. National Container Corp.Court of Appeals for the Second Circuit · 1954
  2. United States v. Hyman StrombergCourt of Appeals for the Fifth Circuit · 1955
  3. Goodman Manufacturing Company, an Illinois Corporation v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1956
  4. Goodman Manufacturing Company, an Illinois Corporation v. National Labor Relations BoardCourt of Appeals for the Seventh Circuit · 1955
  5. Gail Brewer-Giorgio v. Producers Video, Inc.Court of Appeals for the Eleventh Circuit · 2000

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