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TIMKEN-DETROIT AXLE CO. v. NATIONAL LABOR RELATIONS BOARD

No. 11580.

197 F.2d 512 (1952)

TIMKEN-DETROIT AXLE CO. v. NATIONAL LABOR RELATIONS BOARD et al.

United States Court of Appeals Sixth Circuit.

June 24, 1952.

Attorney(s) appearing for the Case

Emmett E. Eagan, James E. Tobin, Detroit, Mich., for petitioner.

George J. Bott, General Counsel, N.L. R.B., Washington, D. C., A. Norman Somers, Washington, D. C., Frank Bowen, Regional Director, N.L.R.B., Detroit, Mich., David P. Findling, Marcel Mallet-Prevost, Washington, D. C., Harold A. Cranefield, Detroit, Mich., and Lowell Goerlich, Toledo, Ohio, Counsel for UAW — CIO, for respondents.

Before SIMONS, Chief Judge, and MARTIN, Circuit Judge.

SIMONS, Chief Judge.

The petitioner, not being charged or found guilty of an unfair labor practice, seeks to restrain the enforcement of an order setting aside a representation election conducted under the provisions of Section 9 of the National Labor Relations Act, 29 U.S.C.A. § 159. The respondents counter with a motion to dismiss the petition on the ground that the Board's order is not reviewable. Our order of April 14th, denying the petition, was suspended...

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