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CARRIER CORPORATION v. N. L. R. B.

No. 198, Docket 27079.

311 F.2d 135 (1962)

CARRIER CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals Second Circuit.

Decided October 18, 1962.

As Modified on Denial of Rehearing Petitions December 12, 1962.

Rehearing Denied December 12, 1962.

Attorney(s) appearing for the Case

Theophil C. Kammholz, Chicago, Ill. (Kenneth C. McGuiness, Washington, D. C., David W. Jasper and John E. Lynch, Syracuse, N. Y., on the brief), for petitioner.

Melvin J. Welles, N. L. R. B., Washington, D. C. (Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Norton J. Come, Asst. Gen. Counsel, and Hans J. Lehmann, Washington, D. C., on the brief), for respondent.

Jerry D. Anker, Washington, D. C. (David E. Feller and Feller, Bredhoff & Anker, Washington, D. C., and Thomas P. McMahon, Buffalo, N. Y., on the brief), for United Steelworkers of America, AFL-CIO, and its Local Union 5895, interveners.

Gerald E. Dwyer, New York City, and Gregory S. Prince, Philip F. Welsh and Carl V. Lyon, Washington, D. C., on the brief for Association of American Railroads, amicus curiae.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.

Rehearing Denied in Banc December 12, 1962.

WATERMAN, Circuit Judge.

On March 2, 1960, members of Local 5895, United Steel Workers of America, went on strike against Carrier Corporation. Carrier's plant is located in Syracuse, New York, and a substantial amount of its products are shipped from there in interstate commerce. Upon instituting the strike pickets were maintained at numerous entrances to the Carrier plant. A picket line was also established at a...

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