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PRECISION CONCRETE v. N.L.R.B.

Nos. 02-1164 and No. 02-1203.

362 F.3d 847 (2004)

PRECISION CONCRETE, Petitioner/Cross-Respondent, v. NATIONAL LABOR RELATIONS BOARD, Respondent/Cross-Petitioner. Southwest Regional Council of Carpenters Southern California-Nevada Regional Council of Carpenters, and Laborers Local Union No. 872, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 6, 2004.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

We decided the merits of this controversy in Precision Concrete v. NLRB, 334 F.3d 88 (D.C.Cir.2003). We now consider petitioner's application for attorneys' fees and expenses pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Because we find that as to a substantial portion of the litigation the General Counsel was not substantially justified...

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