AMERICAN AIRLINES, INC. v. NAT. MEDIATION BD.

Nos. 272, 381, Dockets 78-6121, 78-6162.

588 F.2d 863 (1978)

AMERICAN AIRLINES, INC., Appellee, v. NATIONAL MEDIATION BOARD, George S. Ives, Individually and as Chairman of the National Mediation Board, Robert O. Harris and David H. Stowe, Individually and as members of the National Mediation Board, and Rowland K. Quinn, Jr., Individually and as Executive Secretary of the National Mediation Board, Appellants, and International Brotherhood of Teamsters, Airline Division, Intervenor-Appellant.

United States Court of Appeals, Second Circuit.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Michael H. Dolinger, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Patrick H. Barth, Asst. U. S. Atty., New York City, of counsel), for appellant National Mediation Bd.

Roland P. Wilder, Jr., Washington, D. C. (Robert M. Baptiste and Mimi C. Satter, Washington, D. C., and Richard L. Hartz, Cohen, Weiss & Simon, New York City, of counsel), for intervenor-appellant International Brotherhood of Teamsters.

Peyton H. Moss, Poletti, Freidin, Prashker, Feldman & Gartner, New York City, for appellee.

Andrew E. Zelman, Roger H. Briton, Surrey, Karasik, Morse & Seham, New York City, Wyatt Johnson, Chicago, Ill., for Airline Employees Ass'n, International as amicus curiae.

Before OAKES, GURFEIN and MESKILL, Circuit Judges.


OAKES, Circuit Judge:

This appeal, argued to us with considerable sophistication, presents the fairly simple question whether under the Freedom of Information Act (FOIA), 5 U.S.C. § 5521 the National Mediation Board (the Board) must disclose the number of cards that a union seeking to organize an air carrier's employees submits to the Board. The answer to the question is complicated somewhat...

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