M.P.C. PLATING, INC. v. N.L.R.B.

No. 91-5608.

953 F.2d 1018 (1992)

M.P.C. PLATING, INC., Petitioner, v. NATIONAL LABOR RELATIONS BOARD, Respondent.

United States Court of Appeals, Sixth Circuit.

Decided January 14, 1992.


Attorney(s) appearing for the Case

William L.S. Ross briefed and argued, Donald F. Woodcock briefed, Calfee, Halter & Griswold, Cleveland, Ohio, for petitioner.

Aileen A. Armstrong, Deputy Associate Gen. Counsel, Eric G. Moskowitz briefed, Margery E. Lieber, Dean L. Burrell argued, N.L.R.B., Office of the Gen. Counsel, Washington, D.C., Frederick Calatrello, Director, N.L.R.B., Cleveland, Ohio, for respondent.

Before JONES and MILBURN, Circuit Judges, and ENGEL, Senior Circuit Judge.


MILBURN, Circuit Judge.

Petitioner-appellant M.P.C. Plating, Inc. ("M.P.C.") appeals a National Labor Relations Board ("Board") order denying its request for attorney fees under the Equal Access to Justice Act ("EAJA"), 5 U.S.C. § 504.1 On appeal, the principal issue is whether the General Counsel for the Board was substantially justified in litigating two alleged violations of the National Labor Relations Act, 29 U.S.C. § 151...

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