Legal Opinion
Laurence G. Russell, William L. Hanna and Eddie D. Langwell v. National Mediation Board
Court of Appeals for the Fifth Circuit
Decided June 28, 1985No. 84-1345PublishedCited by 14 opinions
1Opinion of the Court
THORNBERRY, Circuit Judge:
Appellants Laurence G. Russell, et al. won their action against the National Mediation Board (the “Board”) on their prior appeal to this court. They now appeal the district court’s refusal to award them attorney’s fees under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412(d)(1)(A). We affirm the district court’s denial of attorney’s fees, holding that although the appellants timely filed their application for fees, a fee award is inappropriate because the Board’s position in the litigation was substantially justified within the meaning of subsection…
2Cases cited22 opinions
- Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
- United States v. PriceSupreme Court of the United States · 1960
- Stanley Spencer v. National Labor Relations BoardCourt of Appeals for the D.C. Circuit · 1983
- Natural Resources Defense Council, Inc. v. U.S. Environmental Protection Agency, Chemical Manufacturers Association, IntervenorsCourt of Appeals for the Third Circuit · 1983
- BROAD AVENUE LAUNDRY AND TAILORING, Petitioner, v. the UNITED STATES, RespondentCourt of Appeals for the Federal Circuit · 1982
17 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Myers v. SullivanCourt of Appeals for the Eleventh Circuit · 1990
- Baker v. BowenCourt of Appeals for the Fifth Circuit · 1988
- Laurence G. Russell, William L. Hanna, and Eddie D. Langwell v. National Mediation BoardCourt of Appeals for the Fifth Circuit · 1985
- David J. Powell and Estate of Jeane D. Powell, Deceased, David J. Powell v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1986
- Davis C. HERRON, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
9 more not listed; retrieve them via the Exa API.