JEROSKI v. FED. MINE SAFETY AND HEALTH REV. COM'N

No. 11-3687.

697 F.3d 651 (2012)

Edward JEROSKI, doing business as USA Cleaning Service and Building Maintenance, Petitioner, v. FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION and U.S. Secretary of Labor, Respondents.

United States Court of Appeals, Seventh Circuit.

Decided October 11, 2012.


Attorney(s) appearing for the Case

Roy Brian Hendrix (argued), Attorney, Patton Boggs, Washington, DC, Daniel G. Wills , Swanson, Martin & Bell, LLP, Chicago, IL, for Petitioner.

Samuel C. Lord (argued), Attorney, Department of Labor, Arlington, VA, John T. Sullivan , Attorney, Federal Mine Safety and Health Review Commission, Office of the General Counsel, Washington, DC, for Respondents.

Before POSNER, ROVNER, and WILLIAMS, Circuit Judges.


POSNER, Circuit Judge.

We are asked to reverse an administrative denial of an application for an award of attorneys' fees under the Equal Access to Justice Act, 5 U.S.C. § 504. The Act provides, so far as bears on this case, that "a prevailing party" shall be awarded "fees and other expenses" incurred by it in an "adversary adjudication" before a federal agency unless "the position of the agency was substantially justified." § 504(a)(1). The parallel provision...

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