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Bandlow v. Rothman

William F. BANDLOW and Karl Sorenson v. Stuart ROTHMAN, individually and as General Counsel, Chairman and Members, respectively, of and constituting the National Labor Relations Board

Bandlow v. Rothman, 278 F.2d 866 (D.C. Cir. 1960)
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Court
Court of Appeals for the D.C. Circuit · U.S. Courts of Appeals
Decided
March 31, 1960
Docket
No. 15279
Judges
Bazelon, Burger, Edgerton
Citations
278 F.2d 866108 U.S. App. D.C. 32

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

PER CURIAM.

Appellants asked the District Court to require the General Counsel of the National Labor Relations Board to issue a complaint charging unfair labor practices. They also sought to compel the Board to set aside the General Counsel’s refusal. This appeal is from an order dismissing the complaint on the grounds that the District Court had no jurisdiction of the subject matter and that the complaint failed to state a claim on which relief could be granted. The court was clearly right. It “has no power to order the General Counsel to issue a complaint and no power to require the Board to issue an order in a matter which is not before the Board.” Hourihan v. National Labor Relations Board, 91 U.S.App.D.C. 316 , 317, 201 F.2d 187, 188 , certiorari denied 345 U.S. 930 , 73 S.Ct. 792 , 97 L.Ed. 1359 .

Affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1960: 21962: 11964: 11965: 11970: 11971: 11979: 11981: 119602026peak 1960 · 2

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Hourihan v. Nat'l Labor Relations Bd., 201 F.2d 187 (D.C. Cir. 1953) 43

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