ROGER J. AU & SON, INC. v. N.L.R.B.

No. 76-1228.

538 F.2d 80 (1976)

ROGER J. AU & SON, INC., Appellant, v. NATIONAL LABOR RELATIONS BOARD.

United States Court of Appeals, Third Circuit.

Decided July 8, 1976.


Attorney(s) appearing for the Case

Clark, Hardy, Lewis & Fine, P. C., by Douglass A. Witters, Birmingham, Mich., for appellant.

Abigail Cooley, Asst. Gen. Counsel for Special Litigation, Timothy D. Nelson, Atty., N.L.R.B., Washington, D.C., John S. Irving, Jr., Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, Elinott Hadley Stillman, N.L.R.B., Washington, D.C., for appellee.

Before ADAMS and HUNTER, Circuit Judges, and SCHWARTZ, District Judge.


OPINION OF THE COURT

ADAMS, Circuit Judge.

An employer, the target of a pending unfair labor practice complaint before the National Labor Relations Board (NLRB), brings this appeal in furtherance of its claim that, under the Freedom of Information Act (FOIA), it is entitled to access to all written statements of witnesses contained in the NLRB case file.

I.

Roger J. Au & Son, Inc. (Au) is an Ohio corporation engaged in the construction...

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