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CLIMAX MOLYBDENUM CO. v. N. L. R. B.

No. 75-1979.

539 F.2d 63 (1976)

CLIMAX MOLYBDENUM COMPANY, a Division of AMAX, Inc., a New York Corporation, Plaintiff-Appellant, v. NATIONAL LABOR RELATIONS BOARD et al., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

Decided July 26, 1976.

Attorney(s) appearing for the Case

William F. Schoeberlein of Dawson, Nagel, Sherman & Howard, Denver, Colo. (Charles W. Newcom of Dawson, Nagel, Sherman & Howard, and Daniel R. Hale, Senior Atty., Denver, Colo., AMAX Inc., of counsel, on the brief), for plaintiff-appellant.

Richard B. Bader, Atty., N. L. R. B. (Abigail Cooley, Asst. Gen. Counsel, Special Litigation, John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, and Elliott Moore, Deputy Associate Gen. Counsel, N. L. R. B., Washington, D. C., on the brief), for defendants-appellees.

Before BARRETT and DOYLE, Circuit Judges, and TEMPLAR, Senior District Judge.

WILLIAM E. DOYLE, Circuit Judge.

The question presented on this appeal is whether Exemption 7(A) of the Freedom of Information Act, 5 U.S.C. Section 552(b)(7)(A) protects from disclosure employee affidavits and similar material obtained by the NLRB in the course of an investigation of an alleged unfair labor practice during the continuation of the enforcement proceedings.

On September 19, 1974, the Oil, Chemical and Atomic Workers International Union, Local...

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