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IN RE SEWELL

No. 82-1125.

690 F.2d 403 (1982)

In re Charles K. SEWELL, Petitioner.

United States Court of Appeals, Fourth Circuit.

Decided September 29, 1982.

Rehearing and Rehearing Denied November 17, 1982.

Attorney(s) appearing for the Case

Walter W. Christy, New Orleans, La. (Kullman, Lang, Inman & Bee, New Orleans, La., on brief), for petitioner.

Robert F. O'Brien, Haddonfield, N.J. (Tomar, Parks, Seliger, Simonoff & Adourian, Haddonfield, N.J., on brief) and James Y. Callear, Washington, D.C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Margery E. Lieber, Deputy Asst. Gen. Counsel for Special Litigation, Washington, D.C., on brief), for respondent.

Before BUTZNER, WIDENER and ERVIN, Circuit Judges.

Rehearing and Rehearing En Banc Denied November 17, 1982.

BUTZNER, Circuit Judge:

Charles K. Sewell seeks a writ in the nature of mandamus or prohibition requiring the district court to dismiss with prejudice an action instituted against him by the Glass Bottle Blowers Association, its local chapter, and several of its members (the union). The National Labor Relations Board, intervenor, joins Sewell's request for the writ.

We conclude that the district...

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