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PACIFIC MOLASSES CO. v. N. L. R. B., ETC.

No. 77-1886.

577 F.2d 1172 (1978)

PACIFIC MOLASSES COMPANY, Plaintiff-Appellee, Cross-Appellant, v. NATIONAL LABOR RELATIONS BOARD REGIONAL OFFICE # 15 and Charles M. Paschal, Jr., Regional Director, National Labor Relations Board Region # 15 and John S. Irving, General Counsel, National Labor Relations Board, Defendants-Appellants, Cross-Appellees.

United States Court of Appeals, Fifth Circuit.

August 8, 1978.

Attorney(s) appearing for the Case

John S. Irving, Gen. Counsel, Aileen Armstrong, Asst. Gen. Counsel, John E. Higgins Jr., Deputy Gen. Counsel, Carl L. Taylor, Assoc. Gen. Counsel, Elliott Moore, Deputy Assoc. Gen. Counsel, Washington, D.C., Susan T. Papadopoulos, Atty., N.L.R.B., Washington D.C., Carol A. De Deo, Atty., N.L.R.B., Washington, D.C., for defendants-appellants, cross-appellees.

Allan M. Dabrow, Stephen J. Cabot, Philadelphia, Pa., Robert McComiskey, New Orleans, La., Kenneth M. Jarin, Philadelphia, Pa., for plaintiff-appellee, cross-appellant.

Before SKELTON, Senior Judge, and FAY and RUBIN, Circuit Judges.

FAY, Circuit Judge:

This appeal presents issues of first impression for this Court. We are asked initially to decide whether an employer can use the Freedom of Information Act (FOIA), 5 U.S.C. § 552, to obtain copies of the individual union authorization cards that were submitted to the National Labor Relations Board (N.L.R.B.) in support of a petition by the union for a representation election. We are also asked to determine whether a report (N.L.R.B. Form 4069...

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