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IOWA EXP. DISTRIBUTION, INC. v. N.L.R.B.

No. 83-1589.

739 F.2d 1305 (1984)

IOWA EXPRESS DISTRIBUTION, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eighth Circuit.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Rogers, Phillips & Swanger, John R. Phillips, James R. Swanger, Des Moines, Iowa, for petitioner.

Aileen A. Armstrong, Asst. Gen. Counsel for Special Litigation, Lynne E. Deitch, Attorney, N.L.R.B., William A. Lubbers, Gen. Counsel, John E. Higgins, Jr., Deputy Gen. Counsel, Robert E. Allen, Associate Gen. Counsel, Elliott Moore, Deputy Associate Gen. Counsel, N.L.R.B., Washington, D.C., for respondent.

Before HEANEY and FAGG, Circuit Judges, and HANSON, Senior District Judge.

FAGG, Circuit Judge.

Iowa Express Distribution, Inc. (IED) petitions this court for review of an order of the National Labor Relations Board dismissing IED's application for attorneys fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504(c)(2). The issue for review is whether the Board abused its discretion in denying attorneys fees by deciding that the NLRB General Counsel was substantially justified in bringing an unfair labor practice case against...

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