CLEMENTS WIRE & MFG. CO., INC. v. N.L.R.B.

No. 78-1296.

589 F.2d 894 (1979)

CLEMENTS WIRE & MANUFACTURING COMPANY, INC., Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

February 15, 1979.


Attorney(s) appearing for the Case

John S. Irving, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Carl L. Taylor, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Aileen A. Armstrong, Asst. Gen. Counsel for Litigation, John G. Elligers, Joseph P. Norelli, Attys., N.L.R.B., Washington, D. C., for N.L.R.B.

David Branch, Washington, D. C., for International Union of Electrical, Radio & Machine Workers, AFL-CIO-CLC, amicus curiae.

Fusleir, Ott, McKee & Flowers, Armin J. Moeller, Jr., Louis A. Fuselier, Jackson, Miss., for plaintiff-appellee.

Before GEWIN, COLEMAN and GOLDBERG, Circuit Judges.


GEWIN, Circuit Judge:

The NLRB appeals from an order of the district court enjoining the Board from further processing a representation case in any manner, pending final resolution of issues raised in an action brought under the Freedom of Information Act (FOIA) by appellee Clements Wire. Appellee contends that this court does not have jurisdiction to consider this case under 28 U.S.C. § 1292(a)(1), viewing the relief...

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