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DOLE v. PHOENIX ROOFING, INC.

No. 90-4092.

922 F.2d 1202 (1991)

Elizabeth DOLE, Secretary of Labor, Petitioner-Cross Respondent, v. PHOENIX ROOFING, INC., Respondent-Cross Petitioner, v. OCCUPATIONAL SAFETY & HEALTH REVIEW COMMISSION, Respondent.

United States Court of Appeals, Fifth Circuit.

February 4, 1991.

Attorney(s) appearing for the Case

Jeffrey A. Hennemuth, Atty., Allen H. Feldman, Charles I. Hadden, Robert P. Davis, Sol. of Labor, U.S. Dept. of Labor, Washington, D.C., for U.S.

Robert E. Rader, Jr., Locke, Purnell, Rain & Harrell, P.C., Dallas, Tex., for respondent-cross petitioner.

Ray H. Darling, Jr., Exec. Sec., OSHRC, Washington, D.C., for respondent.

Before GOLDBERG, KING and DUHÉ, Circuit Judges.

GOLDBERG, Circuit Judge:

The Secretary of Labor (the "Secretary") appeals the Occupational Safety and Health Review Commission's (the "OSHRC") decision awarding attorney's fees to Phoenix Roofing, Inc. ("Phoenix"). The Secretary alleges that for several reasons the OSHRC lacked jurisdiction under the Equal Access to Justice Act (the "EAJA") to award these fees. First, the Secretary alleges that Phoenix failed to meet the statutory time requirements for filing an application...

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