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HARVEY'S WAGON WHEEL, INC. v. N.L.R.B.

No. 76-1355.

550 F.2d 1139 (1976)

HARVEY'S WAGON WHEEL, INC., et al., Plaintiffs-Appellants, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

December 8, 1976.

Attorney(s) appearing for the Case

William W. Wertz (argued), of Severson, Werson, Berke & Melchior, San Francisco, Cal., for plaintiffs-appellants.

Carol A. DeDeo, Atty. (argued), of N. L. R. B., Washington, D. C., for defendant-appellee.

Before CHAMBERS and SNEED, Circuit Judges, and ENRIGHT, District Judge.

CHAMBERS, Circuit Judge:

This is an appeal from an order of the district court granting summary judgment in favor of the defendant National Labor Relations Board (NLRB) and holding that "employee statements" obtained by the Board in its investigations of unfair labor practices charged against plaintiffs-employers were exempt from the provisions of the Freedom of Information Act (FOIA), 5 U.S.C. § 552 (Supp. IV 1974).1 Because of reasons...

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