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QUALITY C.A.T.V., INC. v. N.L.R.B.

No. 91-2004.

969 F.2d 541 (1992)

QUALITY C.A.T.V., INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Seventh Circuit.

Decided August 4, 1992.

Attorney(s) appearing for the Case

Stephen C. Cline (argued), Jan J. Kinzie, Cline, Owen & Kinzie, Indianapolis, Ind., for petitioner.

Eric G. Moskowitz, Howard D. Deiner, Abby Propis Simms (argued), N.L.R.B., Contempt Litigation Branch, Aileen A. Armstrong, N.L.R.B., Appellate Court, Enforcement Litigation, Washington, D.C., Steve J. Robles, N.L.R.B., Indianapolis, Ind., for respondent.

Before FLAUM and KANNE, Circuit Judges, and SHABAZ, District Judge.

FLAUM, Circuit Judge.

Quality C.A.T.V., Inc. (Quality) asks us to review a National Labor Relations Board (NLRB or Board) order dismissing its application for attorney's fees and costs under the Equal Access to Justice Act (EAJA). 5 U.S.C. § 504 (1988). We conclude that the Board abused its discretion by dismissing the entire application, and grant in part Quality's petition for review. We remand the case for calculation of attorney's fees in accordance with...

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