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NATCHEZ COCA-COLA BOTTLING CO., INC. v. N.L.R.B.

No. 84-4295.

750 F.2d 1350 (1985)

NATCHEZ COCA-COLA BOTTLING CO., INC., Vending Services, Inc., and Southwest Vending Services, Inc., Petitioners, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

January 24, 1985.

Attorney(s) appearing for the Case

Kullman, Inman, Bee & Downing, William E. Hester, III, Charles H. Hollis, New Orleans, La., for petitioners.

Elliott Moore, Dept. Asst. Gen. Counsel, Margery Lieber, Susan L. Dolin, Corinna L. Metcalf, N.L.R.B. Washington, D.C., for respondent.

Fred Lewis, Reg. Dir., N.L.R.B. New Orleans, La., for other interested parties.

Before CLARK, Chief Judge, WISDOM, and HIGGINBOTHAM, Circuit Judges.

CLARK, Chief Judge:

I

Natchez Coca-Cola Bottling Co. (Natchez) appeals the denial of attorney's fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 et seq. Because we find that the General Counsel of the National Labor Relations Board was substantially justified in prosecuting Natchez, we affirm.

II

The NLRB conducted a union certification election for Natchez employees in which the union lost. The union filed...

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