Legal Opinion

Columbia Manufacturing Corporation v. National Labor Relations Board

Court of Appeals for the Ninth Circuit

Decided September 16, 1983No. 82-7687PublishedCited by 29 opinions

1Per curiam

The Equal Access to Justice Act, 5 U.S.C. § 504, provides that “[a]n agency that conducts an adversary adjudication shall award, to a prevailing party ..., fees ... incurred by that party in connection with that proceeding, unless ... the position of the agency as a party to the proceeding was substantially justified or . .. special circumstances make an award unjust.” 5 U.S.C. § 504(a)(1) (1982). The party seeking an award of attorneys’ fees must submit an application to the administrative agency “within thirty days of a final disposition in the adversary adjudication.” Id. § 504(a)(2).

In…

2Cases cited5 opinions

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Foster v. TourtellotteCourt of Appeals for the Ninth Circuit · 1983
  3. Keith Yazzie Mann v. United StatesCourt of Appeals for the Ninth Circuit · 1968
  4. Hoang Ha v. Richard Schweiker, Secretary of the United States Department of Health and Human ServicesCourt of Appeals for the Ninth Circuit · 1983
  5. Monark Boat Company v. National Labor Relations BoardCourt of Appeals for the Eighth Circuit · 1983

3Cited by29 opinions

  1. Dunn v. United StatesCourt of Appeals for the Third Circuit · 1985
  2. The Long Island Radio Company, D/B/A All Shores Radio Company v. National Labor Relations BoardCourt of Appeals for the Second Circuit · 1988
  3. Clifton v. HecklerCourt of Appeals for the Fifth Circuit · 1985
  4. Lia Yang v. Donna E. Shalala, Hhs, SecretaryCourt of Appeals for the Ninth Circuit · 1994
  5. Zakhar Melkonyan v. Margaret M. Heckler, Secretary of HhsCourt of Appeals for the Ninth Circuit · 1990

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