325 F.2d 78 (5th Cir. 1963), 20257, N. L. R. B. v. Dal-Tex Optical Co.

Docket Nº:20257.
Citation:325 F.2d 78
Party Name:NATIONAL LABOR RELATIONS BOARD, Petitioner, v. DAL-TEX OPTICAL COMPANY, Inc., Respondent.
Case Date:November 27, 1963
Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
 
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Page 78

325 F.2d 78 (5th Cir. 1963)

NATIONAL LABOR RELATIONS BOARD, Petitioner,

v.

DAL-TEX OPTICAL COMPANY, Inc., Respondent.

No. 20257.

United States Court of Appeals, Fifth Circuit.

November 27, 1963

Marcel Mallet-Prevost, Asst. Gen. Cnsl., Dominick L. Manoli, Assoc. Gen. Cnsl., Melvin Pollack, Atty., National Labor Relations Board, Washington, D.C., for petitioner.

Emil Corenbleth, Dallas, Tex., for respondent.

Before TUTTLE, Chief Judge, and BROWN and GEWIN, Circuit Judges.

PER CURIAM.

A careful scrutiny of the record in this case, especially the report of the trial examiner who recommended dismissal of the proceedings, convinces us that there is a lack of substantial evidence on the record as a whole to support the Board's order. The examiner made credibility determinations as to both the surveilance charge and the...

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