Brown

Appeal from an order of the United States District Court for the Northern District of California, Southern Division, dismissing appellant’s complaint asking for an injunction against the representation election directed by appellee Regional Director of the National Labor Relations Board 1 pursuant to the provisions of § 8(b) (7) (C) of the National Labor *622 Relations Act, 2 as amended, ( 73 Stat. 544 , 29 U.S.C.A. § 158 (b) (7) (C)). The following facts appear in the complaint:

On February 4, 1960, appellant union directed a letter to G. R. Kinney Co., Inc. 3 which operates a retail shoe store in Oakland, California, which letter 4 stated that appellant “intends to engage in an advertising campaign to inform the public that your store does not operate under fair union conditions” and that appellant did “not claim at this time to represent a majority of the employees of your store” and that it was not appellant’s intention “to secure a union contract * * * until and unless a majority of your employees at your store voluntarily without any coercion of any kind, designate the union as their collective bargaining representative.” The next day appellant caused a picket line to be…