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HALESTON DRUG STORES v. NATIONAL LABOR RELATIONS BD.

Nos. 12412, 12446.

187 F.2d 418 (1951)

HALESTON DRUG STORES, Inc. v. NATIONAL LABOR RELATIONS BOARD. SMITH v. NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, Ninth Circuit.

February 15, 1951.

Attorney(s) appearing for the Case

Masters & Masters, Portland, Ore., for Haleston Drug Stores, Inc.

Gibson, Dunn & Crutcher and J. Stuart Neary, Los Angeles, Cal. (William F. Spalding, Los Angeles, Cal., of counsel), for H. W. Smith.

Ida Klaus, Sol., National Labor Relations Board, Norton J. Come, Atty., National Labor Relations Board, Washington, D. C., for respondent.

Green, Landye & Richardson and Burl L. Green, Portland, Ore., J. W. Brown, Cincinnati, Ohio, as amicus curiae.

Before HEALY and POPE, Circuit Judges, and CLARK, District Judge.

HEALY, Circuit Judge.

These are proceedings to review orders of the National Labor Relations Board. The point in controversy is whether the Board, notwithstanding the existence of jurisdiction, has discretionary authority to dismiss unfair labor practice complaints on policy grounds.

The petitioner in No. 12,446 does business as A-1 Photo Service in San Pedro, California. In April, 1948, he filed with the regional office of the Board a charge alleging that...

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