February 11, 1965
GENERAL ELECTRIC COMPANY, PETITIONER
NATIONAL LABOR RELATIONS BOARD, RESPONDENT.
Before HASTINGS, Chief Judge, SCHNACKENBERG and KILEY, Circuit Judges.
Per Curiam: It appearing that decision and order of the National Labor Relations Board in the above case issued on December 16, 1964 and that said Company as well as the International Union of Electricial Radio and Machine Workers, AFL-CIO (charging party before the Board), on the same day each filed a petition to review said decision and order, the Company's petition asking for a review in this Court and the Union's petition asking for a review in the United States Court of Appeals for the District of Columbia Circuit;
And it further appearing that a petition for mandamus was filed in this Court and is still pending, and that a similar mandamus proceeding has been instituted in the Court of Appeals for the District of Columbia Circuit, each to compel filing of the record of the National Labor Relations Board in this matter in the respective court;
And it appearing that each party insists that its review of the proceedings was first instituted within the meaning of 28 U.S.C.A. 2112(a), and the Board having notified the parties that it is unable to ascertain that either of the pending review proceedings was "first instituted", and the Board having expressed a preference for filing the record in the United States Court of Appeals for the Second Circuit, where, according to the Board, the alleged unfair labor practices occurred; therefore, in order to avoid any unseemly conflict between the courts of the two circuits where the said petitions were filed,
It Is Hereby Ordered.
1. The pending mandamus proceeding No. 14989 is dismissed without prejudice.
2. The restraining order heretofore entered in No. 14989 is hereby dissolved.
3. The documents filed in case No. 14917 shall be transmitted by the Clerk of this Court to the Clerk of the United States Court of Appeals for the Second Circuit, for the convenience of the parties, in the interests of justice, 28 U.S.C.A. § 2112(a).
4. A copy of this order shall be transmitted by the Clerk of this Court to the United States Court of Appeals for the District of Columbia Circuit, Washington, D.C., and to the United States Court of Appeals for the Second Circuit.
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