WELLMAN INDUSTRIES, INC. v. N. L. R. B.

No. 73-1581.

490 F.2d 427 (1974)

WELLMAN INDUSTRIES, INC., Appellant, v. The NATIONAL LABOR RELATIONS BOARD et al., Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 22, 1974.


Attorney(s) appearing for the Case

Jeffrey S. Dubin, Great Neck, N. Y. (Peter D. Hyman, Hyman, Morgan & Brown, Florence, S. C., and Mirkin, Barre, Saltzstein & Gordon, P. C., Great Neck, N. Y., on brief) for appellant.

R. Bruce McLean, Atty., Washington, D. C. (Peter G. Nash, Gen. Counsel, John S. Irving, Deputy Gen. Counsel, Patrick Hardin, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, and Abigail Cooley, Asst. Gen. Counsel, NLRB, on brief) for appellees.

Before BOREMAN, Senior Circuit Judge, and CRAVEN and FIELD, Circuit Judges.


CRAVEN, Circuit Judge:

Wellman Industries, Inc., appeals from an order of the district court denying it access under the Freedom of Information Act, 5 U.S.C. § 552, to affidavits obtained by an NLRB investigator during his inquiry into Union objections to a representation election held at Wellman's Johnsonville, South Carolina, facility. These affidavits, Wellman alleges, were the basis of an order by the Regional Director of the NLRB setting aside that election...

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