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N. L. R. B. v. HARVEY

No. 9718.

349 F.2d 900 (1965)

NATIONAL LABOR RELATIONS BOARD, Appellant, v. E. Bruce HARVEY, Appellee.

United States Court of Appeals Fourth Circuit.

Decided July 7, 1965.

Rehearing Denied September 23, 1965.

Attorney(s) appearing for the Case

George B. Driesen, Atty., N.L.R.B. (Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, and Solomon I. Hirsh, Atty., N.L. R.B., on brief), for appellant.

S. Bolling Hobbs, Lynchburg, Va. (Caskie, Frost, Davidson & Hobbs, Lynchburg, Va., on brief), for appellee.

Before SOBELOFF and BRYAN, Circuit Judges, and BUTZNER, District Judge.

BUTZNER, District Judge:

The National Labor Relations Board has appealed from a judgment of the District Court which denied the Board's application for an order requiring E. Bruce Harvey to obey a subpoena duces tecum issued by the Board.1 The Court quashed the subpoena and discharged a rule to show cause which had been issued against Harvey.

The subpoena was issued as an incident to the Board's investigation of charges that the...

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