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N.L.R.B., v. Doral Building Services, Inc.

United States Court of Appeals, Ninth Circuit
Jun 30, 1982
680 F.2d 647 (9th Cir. 1982)

Summary

denying attorney's fees on appeal where party won a remand to an administrative agency and a favorable evidentiary ruling but no determination on the merits

Summary of this case from Jensen v. City of San Jose

Opinion

No. 81-7206.

June 30, 1982.

Sarah Green, Deputy Associate Counsel, Washington, D.C., argued, for petitioner; Elliott Moore, Washington, D.C., on brief.

Andrew B. Kaplan, Pettit Martin, Los Angeles, Cal., for respondent.

Before BROWNING, Chief Judge, ANDERSON, Circuit Judge, and MARQUEZ, District Judge.

Honorable Alfredo C. Marquez, District Judge, United States District Court for the District of Arizona, sitting by designation.


ORDER

Upon due consideration of Doral's application for fees and expenses under the Equal Access to Justice Act and the National Labor Relations Board's opposition thereto, the court concludes that since Doral has not prevailed on the merits of the underlying action, 9th Cir., 666 F.2d 432, an award of fees at this time would be inappropriate. See Hanrahan v. Hampton, 446 U.S. 754, 100 S.Ct. 1987, 64 L.Ed.2d 670 (1979). Although Hanrahan involved the Civil Rights Attorney's Fees Act of 1976, 42 U.S.C. § 1988, we cannot distinguish it from the Equal Access to Justice Act for purposes of defining "prevailing party." See H.R.Rep. No. 96-1418, 96th Cong., 2d Sess. 11, reprinted in [1980] U.S. Code Cong. Ad. News 4984, 4990 (noting that the term "prevailing party" as used in the EAJA [ 28 U.S.C. § 2412(d)(1)(A)] should be interpreted consistent with the law developed under existing statutes).

The application for fees is therefore DENIED.


Summaries of

N.L.R.B., v. Doral Building Services, Inc.

United States Court of Appeals, Ninth Circuit
Jun 30, 1982
680 F.2d 647 (9th Cir. 1982)

denying attorney's fees on appeal where party won a remand to an administrative agency and a favorable evidentiary ruling but no determination on the merits

Summary of this case from Jensen v. City of San Jose

In NLRB v. Doral Building Servs., 680 F.2d 647, 647 (9th Cir. 1982) the court remarked: "we cannot distinguish it from the Equal Access to Justice Act for purposes of defining `prevailing party'", referring to congressional intent that "the term `prevailing party' as used in the EAJA... should be consistent with the law developed under existing statutes."

Summary of this case from Brewer v. American Battle Monuments Com'n
Case details for

N.L.R.B., v. Doral Building Services, Inc.

Case Details

Full title:NATIONAL LABOR RELATIONS BOARD, PETITIONER, v. DORAL BUILDING SERVICES…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jun 30, 1982

Citations

680 F.2d 647 (9th Cir. 1982)

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