The opinion
On Petition for Rehearing.
PER CURIAM.
A petition is filed asking that this case be reheard in the light of the recent decision of the Supreme Court in N. L. R. B. v. Pittsburgh Steamship Co., 69 S.Ct. 1283 . There is no occasion for such rehearing. So far as the scope of review is concerned, this court has considered itself bound by the provisions of the Administrative Procedure Act, 5 U.S.C.A. § 1001 et s'eq., and the Taft-Hartley Act, 29 U.S.C.A. § 141 et seq., since the passage of those statutes and has recently discussed the matter in Eastern Coal Corp. v. N. L. R. B., 4 Cir., 176 F.2d 131 . So far as the discretion of the Board in permitting a pre-hearing election is concerned, the election was held before the Wagner Act was amended by the Taft-Hartley Act, 29 U.S.C.A. §§ 141 et seq., 151 et seq., and the provisions of the former act, not the latter, were clearly applicable to it. The petition for rehearing is without merit and will be
Denied.