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REED v. N.L.R.B.

No. 90-5147.

927 F.2d 1249 (1991)

Rex H. REED, Appellant, v. NATIONAL LABOR RELATIONS BOARD, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided March 15, 1991.

Attorney(s) appearing for the Case

Hugh L. Reilly, Kensington, Md., for appellant.

Abby Propis Simms, Atty., N.L.R.B., with whom Margery E. Lieber, Asst. Gen. Counsel for Special Litigation, N.L.R.B., Washington, D.C., was on the brief, for appellees.

Before MIKVA, Chief Judge, and EDWARDS and THOMAS, Circuit Judges.

Opinion for the Court filed by Chief Judge MIKVA.

MIKVA, Chief Judge:

This case requires us to decide whether Excelsior lists, which the National Labor Relations Board (the "NLRB" or "Board") obtains from employers and distributes to unions in representation proceedings, may be disclosed to the public through the Freedom of Information Act ("FOIA" or "the Act"), 5 U.S.C. § 552 (1988). We conclude that the lists are protected from disclosure under...

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