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UNITED BROTH. OF CARP. & JOINERS LOCAL 2848 v. N.L.R.B.

No. 89-4212.

891 F.2d 1160 (1990)

UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA, LOCAL 2848, Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Fifth Circuit.

January 16, 1990.

Attorney(s) appearing for the Case

L.N.D. Wells, Jr, Mullinax, Wells, Baab & Cloutman, Dallas, Tex., for petitioner.

Mark Gisler, Asst. U.S. Atty., Corinna Metcalf, Office of Gen. Counsel, Aileen Armstrong, Dept. Assoc. Gen. Counsel, N.L.R.B., Washington, D.C., Michael Dunn, Director Reg. 16, Ft. Worth, Tex., for respondent.

Before RUBIN, REAVLEY and KING, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

A labor union that had prevailed after an unfair labor practice charge had been filed against it by the National Labor Relations Board seeks an award of its fees and expenses pursuant to the Equal Access to Justice Act. We find that there is substantial evidence on the record as a whole to support the NLRB's finding that its position in the underlying litigation was substantially justified...

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