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BRANDEIS SCHOOL v. N.L.R.B.

No. 834, Docket 88-4145.

871 F.2d 5 (1989)

The BRANDEIS SCHOOL, Petitioner, v. The NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Second Circuit.

Decided March 20, 1989.

Attorney(s) appearing for the Case

Mona N. Glanzer, Mineola, N.Y. (Rains & Pogrebin, P.C., Mineola, N.Y., of counsel), for petitioner.

Carmel P. Ebb, N.L.R.B., Washington, D.C. (Margery E. Lieber, Asst. General Counsel for Sp. Litigation, Rosemary M. Collyer, General Counsel, Robert E. Allen, Associate General Counsel, N.L.R.B., Washington, D.C., of counsel), for respondent.

Before VAN GRAAFEILAND, CARDAMONE and PRATT, Circuit Judges.

PER CURIAM:

Plaintiff Brandeis School (Brandeis) appeals from the December 16, 1987 decision of the National Labor Relations Board (NLRB) awarding it $2,646.40 in attorneys fees under the Equal Access to Justice Act (EAJA), 5 U.S.C.A. § 504 (Supp.1988) (allowing a prevailing party to receive attorney's fees when the administrative agency that brought the suit was not substantially justified in its position). Brandeis had requested $17,394.25 in fees and expenses...

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