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LION UNIFORM, INC., JANESVILLE APPAREL DIV. v. N.L.R.B.

No. 87-6001.

905 F.2d 120 (1990)

LION UNIFORM, INC., JANESVILLE APPAREL DIVISION, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided June 5, 1990.

Attorney(s) appearing for the Case

Barbara Lee Willis, Miller and Chevalier, Leonard Bickwit, Jr., James P. Tuite, Emmett B. Lewis (argued), Patricia A. Millett, Anthony F. Shelley, Washington, D.C., for petitioner.

Aileen Armstrong, Deputy Associate Gen. Counsel, Eric Moskowitz, Abby P. Simms (argued), Corinna L. Metcalf, N.L.R.B., Washington, D.C., Martin M. Arlook, Regional Director, NLRB Region 10, Atlanta, Ga., for respondent.

Before KEITH, MILBURN and NORRIS, Circuit Judges.

ALAN E. NORRIS, Circuit Judge.

Petitioner, Lion Uniform, Inc., Janesville Apparel Division, seeks attorney's fees from respondent, National Labor Relations Board, under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504, for legal expenses incurred in an underlying unfair labor practice case. This appeal presents the question of the appropriate standard of agency review to be accorded an Administrative Law Judge's decision on such an application for fees...

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