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MacDONALD MILLER CO. v. N.L.R.B.

No. 87-7254.

856 F.2d 1423 (1988)

MacDONALD MILLER COMPANY, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Ninth Circuit.

Decided September 12, 1988.

Attorney(s) appearing for the Case

Judd H. Lees, Williams, Kastner & Gibbs, Bellevue, Wash., for petitioner.

Eric G. Moskowitz, Deputy Asst. General Counsel for Special Litigation, and Kevin C. Brodar, N.L.R.B., Washington, D.C., for respondent.

Before ALARCON and BEEZER, Circuit Judges, and NIELSEN, District Judge.

BEEZER, Circuit Judge:

MacDonald Miller Company (Miller) appeals the NLRB's denial of fees under the Equal Access for Justice Act (EAJA), 5 U.S.C. § 504. The NLRB denied EAJA fees to Miller on April 21, 1987. Miller filed its petition for review on June 17, 1987. EAJA requires that a dissatisfied party appeal the agency's decision within thirty days; Miller's failure to do so precludes jurisdiction in this court. We dismiss for lack of jurisdiction.

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