No. 73-3239. April 15, 1975. Elliott Moore, Asst. Gen. Counsel, NLRB, Joseph E. Mayer, Robert Fulton Dashiell, Attys., NLRB, and Morris R. Bond, Sequim, Wash., for petitioner. Robert D. Duggan, Seattle, Wash. and Norman Leonard, San Francisco, Cal., for respondent. Before DUNIWAY and KILKENNY, Circuit Judges, and SWEIGERT, District Judge. The Honorable William T. Sweigert, Senior United States District Judge for the Northern District of California, sitting by designation. OPINION SWEIGERT, Senior
No. 27700. Argued March 18, 1963. Decided May 21, 1963. Joseph J. Marcheso, Asst. U.S. Atty., Brooklyn, N.Y. (Joseph P. Hoey, U.S. Atty., Eastern District of New York, Brooklyn, N.Y., on the brief), for appellee. C. Joseph Hallinan, Jr., New York City for defendant-appellant. Before LUMBARD, Chief Judge, and CLARK and MARSHALL, Circuit Judges. LUMBARD, Chief Judge. The defendant, Charles Tomaiolo, appeals from his fourth conviction before a jury, in the United States District Court for the Eastern