Legal Opinion

Natchez Coca-Cola Bottling Co., Inc., Vending Services, Inc., and Southwest Vending Services, Inc. v. National Labor Relations Board

Court of Appeals for the Fifth Circuit

Decided January 24, 1985No. 84-4295PublishedCited by 9 opinions

1Opinion of the Court

CLARK, Chief Judge:

I

Natchez Coca-Cola Bottling Co. (Natchez) appeals the denial of attorney’s fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504 et seq. Because we find that the General Counsel of the National Labor Relations Board was substantially justified in prosecuting Natchez, we affirm.

II

The NLRB conducted a union certification election for Natchez employees in which the union lost. The union filed unfair labor practice charges with the NLRB, alleging among other things, that Natchez threatened the employees, interrogated them, and discharged two workers for union…

2Cases cited8 opinions

  1. Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
  2. Tyler Business Services, Inc. v. National Labor Relations BoardCourt of Appeals for the Fourth Circuit · 1982
  3. Kennecott Copper Corporation v. Environmental Protection Agency, the Project on Clean Air of the Natural Resources Defense Council, Inc., IntervenorsCourt of Appeals for the D.C. Circuit · 1972
  4. United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi, and J.G. CarterCourt of Appeals for the Fifth Circuit · 1983
  5. United States v. First National Bank of CircleCourt of Appeals for the First Circuit · 1984

3 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Davis C. HERRON, Plaintiff-Appellant, v. Otis W. BOWEN, Secretary of Health & Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1986
  2. Lawrence E. MARTIN, Plaintiff-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1985
  3. Gentele v. DEPT. OF PROFESSIONAL REG.District Court of Appeal of Florida · 1987
  4. United Brotherhood of Carpenters and Joiners of America, Local 2848 v. National Labor Relations BoardCourt of Appeals for the Fifth Circuit · 1990
  5. Casa Febe Retirement Home, Inc. v. Agency for Health Care AdministrationDistrict Court of Appeal of Florida · 2004

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API