RUSSELL v. NATIONAL MEDIATION BD.

No. 84-1345.

764 F.2d 341 (1985)

Laurence G. RUSSELL, William L. Hanna and Eddie D. Langwell, Plaintiffs-Appellants, v. NATIONAL MEDIATION BOARD, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

June 28, 1985.


Attorney(s) appearing for the Case

Robert F. Gore, Rex H. Reed, Nat'l Right to Work Legal Defense Foundation, Inc., Springfield, Va., John Cosmic, Amarillo, Tex., for plaintiffs-appellants.

Mark W. Pennak, William Kanter, Dept. of Justice, Civil Div., Washington, D.C., for Nat. Mediation Bd.

Before THORNBERRY, REAVLEY and HIGGINBOTHAM, Circuit Judges.


THORNBERRY, Circuit Judge:

Appellants Laurence G. Russell, et al. won their action against the National Mediation Board (the "Board") on their prior appeal to this court. They now appeal the district court's refusal to award them attorney's fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). We affirm the district court's denial of attorney's fees, holding that although the appellants timely filed their application for fees, a fee award...

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