The opinion
MERRITT, Circuit Judge,
dissenting.
I cannot conclude that the Company was not prejudiced when it was denied certain affidavits. The affidavits may contain unique evidence favorable to the Company. They may not. We simply cannot tell, regardless of where the probabilities may lie. Nor is it reasonable for us to require the Company to prove the usefulness of the affidavit’s contents. This smacks of Catch-22. If the Company knew what the eon-tents were, they would not need to ask for them. I do not believe our Court should condone such heavy-handed action by the Board. I would deny enforcement and require the Board to conduct further proceedings.