CHARTER MANAGEMENT, INC. v. N.L.R.B.

No. 84-8764.

768 F.2d 1299 (1985)

CHARTER MANAGEMENT, INC., and Ten Four, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Eleventh Circuit.

August 16, 1985.


Attorney(s) appearing for the Case

Richard L. Wyatt, John E. Thompson, Atlanta, Ga., for petitioners.

Margery E. Lieber, Eric G. Moskowitz, Susan T. Papadopoulos, N.L.R.B., Washington, D.C., for respondent.

Before RONEY and HILL, Circuit Judges, and PITTMAN, District Judge.


PITTMAN, District Judge:

Charter Management, Incorporated, and Ten Four, Incorporated, appeal from the National Labor Relations Board's (NLRB) denial of their application for an award of attorney's fees. The NLRB adopted the conclusion of the administrative law judge (ALJ), who held that the appellants were not entitled to an award of fees under the Equal Access to Justice Act (E.A.J.A.), 5 U.S.C. § 504(a)(1) (1982), because the position of the NLRB's General...

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