Boire v. Greyhound Corporation, No. 19755.

CourtUnited States Courts of Appeals. United States Court of Appeals (5th Circuit)
Writing for the CourtPER CURIAM
Citation309 F.2d 397
PartiesHarold A. BOIRE, Regional Director, Twelfth Region, National Labor Relations Board, Appellant, v. The GREYHOUND CORPORATION, Appellee.
Docket NumberNo. 19755.
Decision Date21 November 1962

309 F.2d 397 (1962)

Harold A. BOIRE, Regional Director, Twelfth Region, National Labor Relations Board, Appellant,
v.
The GREYHOUND CORPORATION, Appellee.

No. 19755.

United States Court of Appeals Fifth Circuit.

November 21, 1962.


Marcel Mallet-Prevost, James C. Paras, Washington, D. C., Stuart Rothman, Gen. Counsel, Dominick L. Manoli, Assoc. Gen. Counsel, Herman M. Levy, Attys., National Labor Relations Board, for appellant.

Warren E. Hall, Jr., Chesterfield H. Smith, Wofford H. Stidham, Bartow, Fla., for appellee.

Alexander E. Wilson, Jr., Alexander E. Wilson, III, Atlanta, Ga. (Wilson, Branch & Barwick, Atlanta, Ga., of counsel) as amicus curiae and on behalf of Floors, Inc.

I. J. Gromfine, Washington, D. C. (Zimring, Gromfine & Sternstein, Washington, D. C., of counsel) as amicus curiae, and on behalf of Amalgamated Association of Street, Electric Railway and Motor Coach Employees of America, AFL-CIO.

Before JONES and BELL, Circuit Judges, and CARSWELL, District Judge.

PER CURIAM.

The questions in this important case were carefully considered by the district

court and discussed by the judge to whom the case was assigned. Greyhound Corporation v. Boire, D.C., 205 F.Supp. 686. We find ourselves in agreement with the principles there stated and the decision there reached. The judgment of the district court is

Affirmed.

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11 practice notes
  • N.L.R.B. v. Browning-Ferris Industries of Pennsylvania, Inc., BROWNING-FERRIS
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • October 28, 1982
    ...Cir. 1966) (on remand from Boire v. Greyhound Corp., 376 U.S. 473, 84 S.Ct. 894, 11 L.Ed.2d 849 (1964) reversing Boire v. Greyhound Corp., 309 F.2d 397 (5th Cir. 1962). In reversing the original Fifth Circuit opinion, the Supreme Court concluded Whether Greyhound, as the Board held, possess......
  • Hendrix Manufacturing Company v. NLRB, No. 20125.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 24, 1963
    ...73 S.Ct. 644, 97 L.Ed. 1342. 11 The Employer urges also Greyhound Corp. v. Boire, S.D.Fla., 1962, 205 F. Supp. 686, affirmed 5 Cir., 1962, 309 F.2d 397, cert. granted, 372 U.S. 964, 83 S.Ct. 1090, 10 L.Ed.2d 128; Empresa Hondurena De Vapores, S.A. v. McLeod, 2 Cir., 1962, 300 F.2d 222, reve......
  • City Cab Company v. Roumell, Civ. A. No. 23796.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • June 20, 1963
    ...of Greyhound Corporation v. Boire (S.D., Florida, 1962), 205 F.Supp. 686, affirmed per curiam, Boire v. Greyhound Corp. (C.A.5, 1962), 309 F.2d 397, cert. granted, 372 U.S. 964, 83 S.Ct. 1090, 10 L.Ed.2d Since the Fifth Circuit's decision in Boire is presently pending before the United Stat......
  • Eastern Greyhound Lines v. Fusco, No. 15153.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 18, 1963
    ...188, 3 L.Ed.2d 210. 323 F.2d 480 Departure from the unanimity of the decisions above referred to may be found in Boire v. Greyhound Corp., 309 F.2d 397 (C.A. 5, 1962), affirming Greyhound Corp. v. Boire, D.C., 205 F.Supp. 686. While we might contend that its facts distinguish it from the ca......
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10 cases
  • Hendrix Manufacturing Company v. NLRB, No. 20125.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (5th Circuit)
    • July 24, 1963
    ...73 S.Ct. 644, 97 L.Ed. 1342. 11 The Employer urges also Greyhound Corp. v. Boire, S.D.Fla., 1962, 205 F. Supp. 686, affirmed 5 Cir., 1962, 309 F.2d 397, cert. granted, 372 U.S. 964, 83 S.Ct. 1090, 10 L.Ed.2d 128; Empresa Hondurena De Vapores, S.A. v. McLeod, 2 Cir., 1962, 300 F.2d 222, reve......
  • City Cab Company v. Roumell, Civ. A. No. 23796.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Western District Michigan)
    • June 20, 1963
    ...of Greyhound Corporation v. Boire (S.D., Florida, 1962), 205 F.Supp. 686, affirmed per curiam, Boire v. Greyhound Corp. (C.A.5, 1962), 309 F.2d 397, cert. granted, 372 U.S. 964, 83 S.Ct. 1090, 10 L.Ed.2d Since the Fifth Circuit's decision in Boire is presently pending before the United Stat......
  • Eastern Greyhound Lines v. Fusco, No. 15153.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • October 18, 1963
    ...188, 3 L.Ed.2d 210. 323 F.2d 480 Departure from the unanimity of the decisions above referred to may be found in Boire v. Greyhound Corp., 309 F.2d 397 (C.A. 5, 1962), affirming Greyhound Corp. v. Boire, D.C., 205 F.Supp. 686. While we might contend that its facts distinguish it from the ca......
  • Boire v. Greyhound Corporation, No. 77
    • United States
    • United States Supreme Court
    • March 23, 1964
    ...election where no employment relationship existed between the employees and the purported employer. The Court of Appeals affirmed, 309 F.2d 397, and we granted certiorari to consider a seemingly important question of federal labor law. 372 U.S. 964, 83 S.Ct. 1090, 10 L.Ed.2d 128. We reverse......
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