Opinion

National Labor Relations Board v. Atlantic Towing Company

  • 182 F.2d 625
  • 26 L.R.R.M. (BNA) 2300
  • 1950 U.S. App. LEXIS 3578
Court
Court of Appeals for the Fifth Circuit
Filed
Jun 23, 1950
Status
Published
On the bench
Hutcheson, Holmes, McCord
Cited by
0 cases
Authority
More cited than 10.9%

The opinion

182 F.2d 625

NATIONAL LABOR RELATIONS BOARD, Petitioner

v.

ATLANTIC TOWING COMPANY, Respondent.

No. 12697.

United States Court of Appeals Fifth Circuit.

June 23, 1950.

Before HUTCHESON, Chief Judge, and HOLMES and McCORD, Circuit Judges.

PER CURIAM.

1

It is ordered that the petition for rehearing in the above styled and numbered cause be, and the same hereby is, denied.

2

HUTCHESON, Chief Judge (dissenting).

3

On the submission of this case, it seemed quite clear to me that the action of the Board in finding unlawful the discharge of Hendrix and in requiring his reinstatement with reimbursement for his losses, found support in the evidence, and that its order must be enforced.

4

Now two motions for rehearing later, I am still more strongly confirmed in that view. For the Board's brief in support of its petition for rehearing has so clearly pointed to and demonstrated both the existence of the fallacy which underlies the second opinion of this court and its misleading effect, as to leave me in no doubt that the first decision was right, the second decision wrong.

5

I, therefore, am constrained to dissent from the denial of the Board's petition for rehearing.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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