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Flack v. National Labor Relations Board

UNITED STATES COURT OF APPEALS, SEVENTH CIRCUIT.


December 12, 1963

WALTER E. FLACK, PETITIONER
v.
NATIONAL LABOR RELATIONS BOARD, RESPONDENT.

Before DUFFY and CASTLE, Circuit Judges, and MAJOR, Senior Circuit Judge.

Per Curiam: On November 7, 1963, this Court filed its opinion and entered judgment in the above captioned cause wherein we reversed the decision and order of the National Labor Relations Board and requested that Board to enter an appropriate order.

On November 22, 1963, Cushman Motor Delivery Company and Local 710, International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, lodged with the Clerk of this Court a motion asking this Court to (1) withdraw our opinion and judgment; (2) issue a citation bringing the movants in as parties respondent, or in the alternative, to grant them intervention; (3) receive movants' brief; and (4) set the case down for oral argument.

It is the position of the Cushman Motor Delivery Company and of the Union that they were necessary and indispensible parties to the proceeding before this Court but were not joined.

It appearing that neither Cushman Motor Delivery Company nor the Union attempted to appeal or intervene at any time prior to the date of the judgment herein, and the Court being fully advised;

It Is Ordered, that the motion hereinbefore referred to be filed by the Clerk of this Court and movants' brief be received;

It Is Further Ordered, that except as hereinbefore stated, said motion be denied in its entirety. Aluminum Ore Co. v. National Labor Relations Board , 7th Cir., (1942) 131 F.2d 485; Stewart Die Casting Corporation v. National Labor Relations Board , 7 Cir., (1942) 132 F.2d 801; Amalgamated Utility Workers v. Consolidated Edison Co ., 309 U.S. 261; Amalgamated Meat Cutters, etc. v. National Labor Relations Board , 1 Cir., 267 F.2d 169, cert. den. 361 U.S. 863.

19631212

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