referring to the proposition that a trier of fact must accept uncontradicted testimony as “an ancient fallacy”
How later courts described this case
- referring to the proposition that a trier of fact must accept uncontradicted testimony as “an ancient fallacy”
Written by the judges who cited it.
The opinion
STEPHENS, Circuit Judge
(concurring).
Once the business of the automobile dealer is held to be in interstate commerce, there is nothing to do but order the Board’s order enforced. And this we must do under National Labor Relations Board v. Hearst Publications, Inc., 1944, 322 U.S. 111 , 64 S.Ct. 851 , 88 L.Ed. 1170 , and National Labor Relations Board v. Townsend, 9 Cir., 1950, 185 F.2d 378 .
Notwithstanding, I remain unconvinced that the word “employee” actually means more in the Wagner Act than elsewhere (Hearst case) or that a simple business transaction within a state is interstate commerce because of a fine-spun tracing of a remotely possible and unmeasurable relation to trade across a state line (Townsend case). Judge Harrison joins me in this concurrence.