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AMERICAN PACIFIC CONCRETE PIPE CO. v. N.L.R.B.

No. 85-7015.

788 F.2d 586 (1986)

AMERICAN PACIFIC CONCRETE PIPE COMPANY, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondents.

United States Court of Appeals, Ninth Circuit.

April 25, 1986.

Attorney(s) appearing for the Case

Robert W. Richardson, Carlos Bea, A Law Corp., San Francisco, Cal., for petitioner.

Patrick J. Szyman, Aileen A. Armstrong, N.L.R.B., Washington, D.C., for respondents.

Before WALLACE, HUG, and HALL, Circuit Judges.

HUG, Circuit Judge:

This case concerns the accounting principles to be used in determining "net worth" for purposes of deciding whether the $5 million net worth ceiling precludes recovery of fees under the applicable provisions of the Equal Access to Justice Act, ("EAJA"), 5 U.S.C. § 504, 28 U.S.C. § 2412 (1982). There is also a preliminary issue of whether this case is moot because of the reenactment of the EAJA with an increased ceiling. We hold that the...

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