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J. P. STEVENS EMP. v. N. L. R. B.

No. 77-1811.

582 F.2d 326 (1978)

J. P. STEVENS EMPLOYEES EDUCATIONAL COMMITTEE, an unincorporated association, Appellant, v. NATIONAL LABOR RELATIONS BOARD, John Truesdale, Executive Secretary, Betty Southard Murphy, Chairman, John H. Fanning, Member, Howard Jenkins, Jr., Member, John A. Penello, Member, Peter D. Walther, Member, and Bernard Ries, Administrative Law Judge, Individually, and as Chairman, Members, and Administrative Law Judge, in their official capacities, Appellee, Amalgamated Clothing and Textile Workers Union, Amicus Curiae.

United States Court of Appeals, Fourth Circuit.

Decided September 5, 1978.

Attorney(s) appearing for the Case

Frank P. Ward, Jr., Raleigh, N. C. (Thomas F. Ellis, Robert A. Valois, Maupin, Taylor & Ellis, Raleigh, N. C., on brief), for appellant.

Patrick J. Szymanski, Atty., NLRB, Washington, D. C. (John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, Washington, D. C., Janet C. McCaa, Atty., NLRB, Washington, D. C., on brief), for appellees.

Jonathan R. Harkavy, Smith, Patterson, Follin, Curtis, James & Harkavy, Greensboro, N. C., on brief, Arthur M. Goldberg and Joel R. Ax, New York City, on brief, for amicus curiae Amalgamated Clothing and Textile Workers Union, AFL-CIO, CLC.

Before WIDENER and HALL, Circuit Judges, and HOFFMAN, Senior District Judge.

K. K. HALL, Circuit Judge:

The issue presented in this appeal is whether a district court has jurisdiction to review National Labor Relations Board action in an ongoing administrative proceeding, before termination of the proceeding and entry of a final order by the Board. The court below held that it had no jurisdiction in this case. We affirm.

Appellant J. P. Stevens Employees Educational Committee ("Committee") brought an action in district court to compel...

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