MAURICE v. N. L. R. B.

No. 81-1615.

691 F.2d 182 (1982)

Johanna MAURICE, Business Editor The Charleston Daily Mail, Plaintiff-Appellee, v. NATIONAL LABOR RELATIONS BOARD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided July 19, 1982.


Attorney(s) appearing for the Case

Robert I. Tendrich, N. L. R. B., Washington, D. C. (William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Acting Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, Aileen Armstrong, Asst. Gen. Counsel for Special Litigation, Washington, D. C., on brief), for appellant.

James M. Ringer, New York City (Margaret Blair Soyster, Rogers & Wells, New York City, on brief), for appellee.

Richard W. Winfield, Rex W. Mixon, Jr., Rogers & Wells, New York City, on brief, for The Associated Press amicus curiae.

Rudolph L. Di Trapano, Rebecca A. Baitty, Di Trapano, Jackson & Buffa, Charleston, W. Va., on brief, for Daily Gazette Co. amicus curiae.

James C. Goodale, Edwin P. Rutan, II, Debevoise & Plimpton, Katherine P. Darrow, Gen. Counsel, John P. Stanton, Labor Counsel, New York City, on brief, for the New York Times Co. amicus curiae.

Ben Ginsburg, Georgetown University Law Center, Washington, D. C., Kathy Shwiff, University of Texas Law School, Austin, Tex., Jack C. Landau, Judy D. Lynch, Washington, D. C., on brief, for The Reporters Committee for Freedom of the Press amicus curiae.

Before BUTZNER and WIDENER, Circuit Judges, and FIELD, Senior Circuit Judge.


WIDENER, Circuit Judge:

On August 12, 1980, Johanna Maurice, business editor of the Charleston Daily Mail, published an article on the closing of a Valley Camp Coal Company mine in West Virginia. Miss Maurice interviewed the president of the company, Donald Howe, quoting his statements on the reasons for closing the mine in an article she wrote for her newspaper.

The National Labor Relations Board (NLRB) began an investigation of the mine closing in October...

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