# Fotomat Corporation v. National Labor Relations Board

> Court of Appeals for the Sixth Circuit · November 3, 1980 · 634 F.2d 320

URL: https://www.frixlaw.com/law-library/cases/9467259

## Case

- **Full name:** FOTOMAT CORPORATION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** November 3, 1980
- **Citations:** 634 F.2d 320; 105 L.R.R.M. (BNA) 3138; 1980 U.S. App. LEXIS 12642
- **Precedential status:** Published
- **Opinion:** Dissent by Merritt
- **Judges:** Engel, Merritt, Kennedy
- **Cited by:** 7 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9467259

## Opinion text

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.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9467259. Public record. Not legal advice.