# National Labor Relations Board v. Mooney Aircraft, Inc.

> Court of Appeals for the Fifth Circuit · October 21, 1964 · 337 F.2d 605

URL: https://www.frixlaw.com/law-library/cases/265715

## Case

- **Full name:** NATIONAL LABOR RELATIONS BOARD, Petitioner, v. MOONEY AIRCRAFT, INC., Respondent
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** October 21, 1964
- **Citations:** 337 F.2d 605; 57 L.R.R.M. (BNA) 2358; 1964 U.S. App. LEXIS 4104
- **Precedential status:** Published
- **Opinion:** Opinion
- **Judges:** Rives, Brown, Garza
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/265715

## Opinion text

PER CURIAM.
The Board petitions for enforcement of its order requiring reinstatement of an 'employee with an award of back pay ^because of a discriminatory discharge in violation of § 8(a) (3), 49 Stat. 452 , as amended, 29 U.S.C.A. § 158 (a) (3) (Supp.1963). The critical issue of discriminatory motivation was essentially a ■factual controversy requiring credibility ■choices left to the Board. As in prior •cases, we find the evidence sufficient. Mooney Aircraft, Inc., 138 NLRB 1331 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1964, 328 F.2d 426 ; Mooney Aircraft, Inc., 132 NLRB 1194 , enforced, N. L. R. B. v. Mooney Aircraft, Inc., 5 Cir., 1962, 310 F.2d 565 .
Enforced.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/265715. Public record. Not legal advice.